TAIWAN Law and Practice Contributed by: Jaclyn Tsai, Aaron Chen, Teresa Huang and Jaime Cheng, Lee, Tsai & Partners
4. Internet of Things 4.1 Machine-to-Machine Communications, Communications Secrecy and Data Protection Outline of Internet of Things Related Regulations Taiwan currently does not have a unified law specifically addressing the Internet of Things (IoT). Instead, multiple laws and regulatory requirements managed by various authorities are involved, including the National Communi - cations Commission (NCC) and the Ministry of Digital Affairs (MODA). Public telecommunications networks If communication among IoT devices requires the establishment of a telecommunications net - work to provide public communication, opera - tors must comply with the following require - ments: Prior to launch • apply to the NCC for network establishment in accordance with the TM Act and Regula - tions for Application and Examination of Public Telecommunications Network Estab - lishment; and • pass an inspection according to the Regu - lations for Examination of Public Telecom - munications Networks before commencing operation. After launch • store communication and billing records in compliance with the TM Act; and • support communication surveillance and pro - vide access to communication records and user data, as required by the Communication Security and Surveillance Act.
ship or any combination of these items, which is operated through remote control or autonomous operation and is equipped with the sensing, positioning, monitoring, and decision-making and control technology. Currently, self-driving vehicles are not permitted for use outside des - ignated experimental areas. Civil Aviation Act (amended on 25 April 2018) The amendments to this act introduced a specif - ic chapter governing the use of drones, defined as an unmanned aerial vehicle, the flight con - trol of which is operated by way of signal link through remote control device or by autopilot without human pilot on board, and any other kind of aircraft as announced by the Civil Avia - tion Administration. Any drone flight conducted in open spaces must comply with the Civil Avia - tion Act and its associated regulations. Principles Revealed in the Draft of the Artificial Intelligence Fundamental Act The draft Artificial Intelligence Fundamental Act outlines principles to guide AI development and application. While the draft only provides some high-level principles, it emphasises the promo - tion of the following key principles: • sustainability and well-being; • human autonomy; • privacy protection and data governance; • cybersecurity and safety; • transparency and explainability; • fairness and non-discrimination; and • accountability.
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