This case was initiated by Tsai Chi-hsun, Chiu Yi-ling, Shih Yi-hsiang, Teng Hsi-hua, Huang Shu-ying, Liu Yi-hsien, and Hung Fang-ting, who questioned the constitutionality of Article 6, Paragraph 1, Subparagraph 4 and Article 16, Subparagraph 5 of the Personal Data Protection Act.
Invited by the Judicial Yuan, the commissioner Wang Yu-ling attended the oral arguments as an expert agency on April 26, 2021.
Wang Yu-ling pointed out that public health and personal privacy are not a zero-sum game. Personal health data are crucial for accurate medical diagnoses and disease prevention and are more sensitive than other types of private information. Advancements in public health rely heavily on the collection, processing, and utilization of health data, and statistical and research results are extremely valuable for ensuring national health. However, in the pursuit of the public good, the rights of individuals to personal data protection should still be respected, and appropriate and specific protective measures should be in place. Currently, the National Health Insurance database lacks clear legal authorizations, insufficient de-identification requirements, and inadequate mechanisms to verify whether information security and data minimization principles are met. Despite administrative orders to reduce the risk of privacy breaches, the insufficient legal framework and limited privacy protections have left data subjects completely prohibited from exercising their right to opt-out, thus violating the principle of proportionality.
Accordingly, the Constitutional Court made Judgment 111-Hsien-Pan-13 on August 12, 2022.