Configuration of the Notion of Privacy as a Fundamental Right in Taiwan—A Comparative Study of International Treaties and EU Rules

The rapid development of information technology has introduced numerous innovative challenges into the arena of privacy protection. Under the influence of new communications technologies, such as the Internet and social media, the traditional notion of the right to privacy has experienced a paradigm shift from a right to be let alone to respect for individual autonomy with regard to the control of one’s personal information. At the end of 2013, the United Nations General Assembly adopted Resolution 68/167 to address concerns over the potentially detrimental impacts of electronic surveillance on human rights and liberal society. In addition, the Resolution includes a statement affirming that the rights people hold offline shall also be protected online. Similarly, in the European Union, the modernization of Data Protection Convention 108, as well as the recently enacted General Data Protection Regulation (GDPR), signal the kind of essential steps that need to be taken to strengthen individuals’ rights and autonomy with respect to data protection in the digital age. This chapter aims to locate the development of the rights to privacy and personal data protection in Taiwan within the broader context of international and comparative analysis. By examining the Constitutional Court’s Interpretations and the rationale behind its reasoning, this chapter illustrates how the notion of privacy has been configured as a fundamental right in Taiwan, and explores the challenges arising from advances in information technology to the privacy protection given by Taiwan’s legal and regulatory frameworks.