Draft Bill on Personal Data Protection

  • Personal data have been officially divided into the following two categories: 1) General personal data, which comprise data which are obtainable via public services or which are a part of official identities and which can be used in order to identify a person. Moreover, any unlawful disclosure of such data may ultimately have the potential to harm the relevant data owners (e.g. full name, gender, nationality, etc.); and 2) Specific personal data (“Specific Data”), which encompasses sensitive data relating to the lives, security and convenience of data owners and which can only be obtained after approval has first been obtained from the relevant data owners (e.g. medical records, biometric data, criminal records, etc.).
  • The granting of approvals by data owners is a prerequisite for any processing and/or transfers of personal data by data controllers and/or data processors. Such approvals may be granted in either written form (via electronic or non-electronic means) or in verbal form. However, approvals are not required if the processing of Specific Data is undertaken in order to settle obligations and/or rights relating to certain sectors (e.g. manpower, social security, taxation, etc.)
  • Data controllers are required to perform the following actions in cases where personal data are no longer relevant: 1) Erasure of data, if personal data are no longer being utilized, if approvals are revoked, if data is unlawfully obtained and/or processed, or if data owners request the erasure of their data; and 2) Destruction of data, if personal data is no longer of any useful value or if said destruction is requested by data owners.
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  • Personal data have been officially divided into the following two categories: 1) General personal data, which comprise data which are obtainable via public services or which are a part of official identities and which can be used in order to identify a person. Moreover, any unlawful disclosure of such data may ultimately have the potential to harm the relevant data owners (e.g. full name, gender, nationality, etc.); and 2) Specific personal data (“Specific Data”), which encompasses sensitive data relating to the lives, security and convenience of data owners and which can only be obtained after approval has first been obtained from the relevant data owners (e.g. medical records, biometric data, criminal records, etc.).
  • The granting of approvals by data owners is a prerequisite for any processing and/or transfers of personal data by data controllers and/or data processors. Such approvals may be granted in either written form (via electronic or non-electronic means) or in verbal form. However, approvals are not required if the processing of Specific Data is undertaken in order to settle obligations and/or rights relating to certain sectors (e.g. manpower, social security, taxation, etc.)
  • Data controllers are required to perform the following actions in cases where personal data are no longer relevant: 1) Erasure of data, if personal data are no longer being utilized, if approvals are revoked, if data is unlawfully obtained and/or processed, or if data owners request the erasure of their data; and 2) Destruction of data, if personal data is no longer of any useful value or if said destruction is requested by data owners.
......

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