Is Scraping Public Data Legal in Taiwan After the 2026 Regulatory Updates?

Yes, scraping public data in Taiwan is generally permissible, provided it complies with the Personal Data Protection Act (PDPA) and other relevant laws. Publicly accessible data—such as government records, court filings, or corporate disclosures—may be collected, but automated extraction must avoid unauthorized access or misuse of personal information. The 2026 amendments to the PDPA introduce stricter penalties for violations, including fines up to NT$20 million for mishandling sensitive data. Courts have ruled that excessive scraping (e.g., bypassing rate limits) may constitute unauthorized access under the Criminal Code, particularly if it disrupts system operations.

Key Regulations for Scraping Public Data in Taiwan

  • Personal Data Protection Act (PDPA): Prohibits scraping personal data without consent, even if publicly available. Exceptions apply for “legitimate interests” (e.g., journalism or research), but these require documented justification.
  • Computer-Processed Personal Data Protection Act (CPDP): Governs automated data collection; scraping must not circumvent technical protections (e.g., CAPTCHAs or login gates).
  • Government Information Open Data Act: Permits scraping of open government datasets but restricts commercial reuse without prior approval. Agencies like the National Development Council (NDC) may impose usage terms.

Enforcement is overseen by the Personal Data Protection Commission (PDPC), which has ramped up audits ahead of the 2026 PDPA revisions. Businesses should conduct a Data Protection Impact Assessment (DPIA) before scraping, documenting purposes, data types, and retention periods. Failure to comply risks administrative fines, civil lawsuits, or criminal charges under Article 359 of the Criminal Code (unauthorized computer access).