Section Code: 091 - 096

Personal Data Protection Act

TRANSITIONAL PROVISIONS

Section 91

At the early stage, the Committee shall consist of committee members under Section 8(2) and (3), and the Secretary-General shall be the committee member and secretary, who shall perform duties as necessary for the time being, but for not more than 90 days from the effective date of this Act. A Vice-Chairperson shall temporarily act as a Chairperson.

The Office shall manage to appoint a Chairperson under Section 8(1), and the honorary director under Section 8(4), within 90 days from the effective date of this Act.

Section 92

A commission supervising the Office of the Personal Data Protection Committee shall be set up within 90 days from the date when the Chairperson and the honorary director are appointed in accordance with Section 91.

The Secretary-General shall be appointed within 90 days from the date when the Office has been set up in accordance with Section 93.

Section 93

The Office shall be set up in order to operate in accordance with this Act within one year from the effective date of this Act.

During the period when the Office has not yet been duly set up, the Office of the Permanent Secretary of the Ministry of Digital Economy and Society shall perform the duties in accordance with this Act, and the Minister shall appoint a Deputy Permanent Secretary of the Ministry of Digital Economy and Society to perform the Secretary-General's duties until there is an appointment of the Secretary-General in accordance with Section 92 paragraph two.

Section 94

At the early stages, the Cabinet shall allocate the initial budget for the Office as necessary.

The Ministry shall propose to the Cabinet to consider procuring a civil official, official, staff, or any other operating officer in other government organizations to temporarily act as an official of the Office within the period specified by the Cabinet.

It shall be deemed that the civil official, official, staff, or any other operating officer in other government organizations who temporarily act as an official of the Office in accordance with paragraph two remains in his or her own position, and still receive salary or wages (as the case may be) from his or her original department. The Committee may also determine a special remuneration for the civil official, staff, official, or any other operating officer in other government organizations in accordance with paragraph two during his or her operation in the Office.

Within 180 days from the date when the Office has been set up, the Office shall proceed to recruit the civil official, official, staff, or any other operating officer in other government organizations in accordance with paragraph two to be a permanent official of the Office afterwards.

Any civil official, official, staff, or any other operating officer in other government organizations who has been recruited and seated in accordance with paragraph four shall have his or her working period for his or her previous department continued and counted together with his or her working period for the operation in the Office under this Act.

Section 95

For Personal Data that has previously been collected by a Data Controller before the effective date of this Act, the Data Controller shall be entitled to continue to collect and use such Personal Data for the original purposes. However, the Data Controller shall prepare and publicize a consent withdrawal method to facilitate the Data subject, who does not wish the Data Controller to continue collecting and using his or her Personal Data, to notify his or her withdrawal of consent easily.

The disclosure and other acts other than the collection and use of Personal Data under paragraph one, shall be in accordance with the provisions hereunder.

Section 96

The issuance of regulations and notifications under this Act shall be carried out within one year from the effective date of this Act. If such action cannot be carried out, the Minister shall report to the Cabinet the reasons thereof.