On November 24, 2016, the Executive Yuan promote the Digital Nation and Innovative Economic Development Plan (2017-2025) (DIGI+ program), the plan’s main goals for 2025 are to grow R.O.C.’s digital economy to NT $ 6.5 trillion (US$205.9 billion), increase the digital lifestyle services penetration rate to 80 percent, speed up broadband connections to 2 Gbps, ensure citizens’ basic rights to have 25 Mbps broadband access, and put R.O.C. among the top 10 information technology nations worldwide.

In addition to the industrial economy, the program can jump off bottlenecks in the past industrial development, and promote the current Internet of things, intelligent machinery, green energy, medical care and other key national industries, but also attaches great importance to strengthening the digital infrastructure construction, the development of equal active, as well as the creation of a service-oriented digital government. It is also hoped that through the construction of a sustainable and intelligent urban and rural area, the quality of life will be improved and the people will enjoy a wealthy and healthy life. Over the next 8 years, the government will spend more than NT $ 150 billion.

The plan contains several important development strategies: DIGI+Infrastructure: Build infrastructure conducive to digital innovation. DIGI+Talent: Cultivate digital innovation talent. DIGI+Industry: Support cross-industry transformation through digital innovation. DIGI+Rights: Make R.O.C. an advanced society that respects digital rights and supports open online communities. DIGI+Cities: Build smart cities through cooperation among central and local governments and the industrial, academic and research sectors. DIGI+Globalization: Boost R.O.C.’s standing in the global digital service economy.

The program aims to build a favorable environment for digital innovation and to create a friendly legal environment to complete the draft amendments to the Digital Communications Law and the Telecommunications Act as soon as possible, foster cross-domain digital talents and develop advanced digital technologies, To create a digital economy, digital government, network society, smart urban and rural and other national innovation ecological environment in order to achieve "the development of active network society, promote high value innovation economy, open up rich countries of the policy vision.

In order to achieve the overall effectiveness of the DIGI + program, interdisciplinary, inter-ministerial, inter-departmental and inter-departmental efforts will be required to collaborate with the newly launched Digital National Innovation Economy (DIGI +) Promotion Team. Operation and integration, and by the Premier of the Executive Yuan as the general convener, so that the program can be scheduled, such as the texture of effective and effective.

The development of ICT has brought convenience to life, but often accompanied by the threat of illegal use, especially the crimes with use of new technologies such as Internet techniques and has gradually become social security worries. Minor impacts may cause inconvenience to life while major impacts may lead to a breakdown of government functions and effects on national security. To enhance the capability of national security protection and to avoid the gap of national security, the Executive Yuan on August 1st 105 has upgraded the Office of Information and Communication Security into the Agency of Information and Communication Security ,a strategic center of R.O.C security work, integrating the mechanism of the whole government governance of information security, through specific responsibility, professionalism, designated persons and permanent organization to establish the security system, together with the relevant provisions of the law so that the country's IC security protection mechanism will become more complete. The efforts to the direction could be divided into three parts.

First, strengthening the cooperation of government and private sectors of information security: In a sound basis of legal system, the government plans to strengthen the government and some private sectors’ information security protection ability ,continue to study and modify the relevant amendments to the relevant provisions, strengthen public-private collaborative mechanism, deepen the training of human resources and enhance the protection of key information infrastructure of our country.

Second, improving the ICT security professional capability: IC security business is divided into policy and technical aspects. While the government takes the responsibility for policy planning and coordination, the technical services lies in a outsourcing way. Based on a sound legal system, the government will establish institutionalized and long-term operation modes and plan appropriate organizational structures through the discussion of experts and scholars from all walks of life.

Third, formulating IC Safety Management Act and planning of the Fifth National Development Program for IC Security: The government is now actively promoting the IC Safety Management Act as the cornerstone for the development of the national digital security and information security industry. The main content of the Act provides that the applicable authorities should set up security protection plan at the core of risk management and the procedures of notification and contingency measures, and accept the relevant administrative check. Besides the vision of the Fifth National Development Program for IC Security which the government is planning now is to build a safe and reliable digital economy and establish a safe IC environment by completing the legal system of IC security environment, constructing joint defense system of the national IC security, pushing up the self-energy of the industries of information security and nurture high-quality human resources for elite talents for information security.

Hopefully, through the efforts of the government, we will establish an innovative eco-system in the future of the digital economy, drive the development of the new generation industry and make R.O.C's IC security be reliable to develop a key foundation for the development of the digital country and innovative economy.

In accordance with the Fundamental Science and Technology Act, Taiwan shall convene the National Science and Technology Conference once every four years, to consider the national development directions, social demands and balanced regional development.

The 10th National Science and Technology Conference has been held on December 5 -7, 2016. During the course of the meeting, It shall attain the two-way communication integrating top-down policy piloting and bottom-up issue collection, and take into consideration all opinions from the industrial, governmental, academic and research sectors. The summary report of the 10th National Technology Conference in 2016, on the issues concerning “enhancing the supporting system of technology strategy” and “perfecting the legal environment that facilitates technology innovation and development” has concluded the following measures: (i) “to conduct technology foresight and improving technology policy planning”, (ii) “to enhance the linkage among demand, resources allocation and effectiveness of plans through the management mechanics of technology plans”, (iii) to reconstruct the legal systems and supports”, (iv) “to commence the adjustment of legal systems and to deepen the linkage between industry and academy”.

RECENT DEVELOPMENTS

Abstract

To cope with the increase both in terms of speed of volume of data in the age of internet of things (IoT), European Union (EU) has made a number of corresponding reforms. Among these attempts, European Commission submitted the proposal of General Data Protection Regulation in January, 2012, in the hope to facilitate the further formation of single digital market and to ease the compliance burden of enterprises. And this draft was finally passed in April, 2016. In this article, special legal design related to the data protection in the age of IoT would be introduced, including the adjustment of the condition of the consent, the scope of sensitive data, the set-up of right to be forgotten, privacy by design, as well as prohibition of profiling Last not but least, some comparison is made between the GDPR and the revised Act on Protection of Personal Data in Taiwan, in the hope of providing some reference for future evolvement of data protection jurisprudence.

Keywords: Data protection, EU, GDPR, Consent, Personal Data, Sensitive Data, General Data Protection Regulation, Right to be forgotten, RTBF, Privacy by Design, Right to Data Portability

<Source: Hsu, Biao-Hao, Bottom Line of Data Protection in the Time of IoT - Perspectives from EU GDPR, Science and Technology Law Review Vol. 28 No. 10, Oct. 2016 p.p. 56-71>