English  |  正體中文  |  简体中文  |  全文筆數/總筆數 : 52047/87178 (60%)
造訪人次 : 8688926      線上人數 : 169
RC Version 7.0 © Powered By DSPACE, MIT. Enhanced by NTU Library & TKU Library IR team.
搜尋範圍 查詢小技巧:
  • 您可在西文檢索詞彙前後加上"雙引號",以獲取較精準的檢索結果
  • 若欲以作者姓名搜尋,建議至進階搜尋限定作者欄位,可獲得較完整資料
  • 進階搜尋
    請使用永久網址來引用或連結此文件: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/102082

    題名: 我國財產保險業刪除個人資料檔案實務運作之研究
    其他題名: Study on the practical operation of deleting personal information file in the non-life insurance industry
    作者: 蔡宗玫;Tsai, Tsung-Mei
    貢獻者: 淡江大學保險學系保險經營碩士在職專班
    關鍵詞: 財產保險業;個人資料保護法;刪除;The non-life insurance industry;Personal Information Protection Act;deletion
    日期: 2014
    上傳時間: 2015-05-04 09:46:53 (UTC+8)
    摘要: 我國個人資料保護法自民國99年5月修正公布後,因擴大保護客體、普遍適用主體、嚴格限制個人資料之蒐集、處理及利用程序,並新增鉅額之民事賠償責任,加重違反之刑責等,各公務機關及非公務機關對於修正條文普遍存有疑慮,因擔心觸法而矯枉過正之事件亦時有耳聞,因此曾被部分法界人士視為全世界最嚴格之個人資料保護法。
    Since the Personal Information Protection Act (2010.05.26 Amended, herein after referred as “the Act”) was enacted in 2010, there has been universal doubt among the government agency and non-government agency concerning the expansion of protection object, universally applicable subject, the strict control of the collection, processing and use of personal information, as well as the newly added grand civil liability for compensation and the aggregated punishment for its violation. They were so afraid of breaking the Act that some hypercorrection measures were often taken. It was thus deemed the most stringent personal information protection act around the world by some experts in the legal profession
    The Act, as a whole, applied to all industries regardless of the specific characteristics of each industry and the differences in collection, processing and use with certain purposes and storage of personal information, and had once given rise to panic among various industries. No industry dared not to keep a wary eye on the Act, while the financial insurance industry, holding colossal personal information, bore the brunt of it. Since the formal enforcement of the Act in October 1, 2012, there has been a prevalence of doubts on its practical application, particularly in non-life insurance industry since most of the contract terms were one year. However, the contractual obligation was far more than this. For example, there were requests proposed by related parties to insurance companies to delete their personal information, though being rejected after audit by the companies, it was still uncertain how insurance companies should cope with such kind of requests in the future.
    Along with the enforcement of the Act and the headlines of personal information incidents appearing on newspapers, the public began to emphasize their rights as specified in the Act, and reexamine the situation in which their information was collected, processed, and used. With regard to the potential challenges in the non-life insurance industry, it is advisable that business owners or competent authorities stipulate a response solution as soon as possible. The latter party should ponder over whether the relevant acts should be amended or not, aside from the former party’s monitoring of the practical application. The collection, processing, and use of personal information cannot be standardized and the Act shall not be implemented in earnest before the current ill-fittingness between practical application and the Act is eliminated and the harmony between them is achieved. Then, the personality rights will be free from encroachment, and the legislative purpose of rational use of personal information can be reached.
    Hence, this article, focusing on the property insurance industry, proposed the major problems which may be confronted during practical application in terms of handling requests from customers to delete personal information without violating relevant laws while ensuring both customers’ contractual rights and benefits, and discussed feasible amendments or solutions for the said Act.
    顯示於類別:[保險學系暨研究所] 學位論文


    檔案 大小格式瀏覽次數



    DSpace Software Copyright © 2002-2004  MIT &  Hewlett-Packard  /   Enhanced by   NTU Library & TKU Library IR teams. Copyright ©   - 回饋