Taking Steps for Data Privacy: Taiwan's NHI Draft Act
- By Chung Li-hua and Jake Chung / Streetwise reporters
Government endorses draft legislation for manageing data in the National Health Insurance system
The Executive Yuan is moving forward with a draft act to manage National Health Insurance (NHI) data, setting the stage for more transparency, privacy protection, and oversight. Here's what you need to know:
In the age of AI and big data, it's crucial for governments to keep up while ensuring citizens' right to privacy. Premier Cho Jung-tai believes that the new law will strike that balance, paving the way for an open government.
Last year, the Constitutional Court's Ruling No. 13 exposed a gap in the Personal Data Protection Act. While using NHI data for statistical purposes was permissible for government units and academic organizations, the lack of oversight and the absence of an opt-out option were deemed unconstitutional, compelling the government to rectify these issues in three years.
Time is ticking, and the draft act aims to address these concerns. Key provisions include:
The NHI Data Consultation Committee
The draft introduces the creation of an NHI data consultation committee. This advisory group, composed of experts and stakeholders, will provide oversight for government and academic access to the NHI data, ensuring proper management and transmission of information between the NHI database[1][2].
Controlling Data Usage
To keep NHI data on track, the draft sets forth several regulations:
- The use of NHI data is limited to specific, original purposes related to NHI affairs, such as insurance and medical administration[1].
- Individuals can now opt-out of having their NHI records used for non-medical purposes, but there are exceptions. For instance, government needs for pandemic prevention, national security, or preserving life and property may override this opt-out[2].
- Violations of these rules can lead to fines ranging from NT$2 million to NT$10 million and a one-year ban on applying to use NHI data for non-medical purposes[1].
Protecting NHI Data
To prevent any unauthorized access or misuse, the draft sets up formal oversight measures. Although penalties for data misuse are not fully detailed in the public summaries, the establishment of the oversight committee and the review and management procedures imply accountability for violations[1].
Ensuring privacy and taking advantage of big data's potential—it's a fine line, and Taiwan's new draft act is promising to walk it.
Sources:[1] "The draft amendment to the National Health Insurance Act expands the scope of the president's powers and introduces anti-corruption provisions," Taiwan Today[2] "How Taiwan is responding to the Constitutional Court's ruling on NHI data," Taipei Times
- The newly proposed NHI data consultation committee, composed of experts and stakeholders, will provide oversight for government and academic access to NHI data, ensuring proper management and transmission of information.
- To protect NHI data, the draft act includes formal oversight measures, implying accountability for violations, though the penalties for data misuse are not fully detailed.
