Article 22 Respect for Privacy
Failure of Government Departments to Receive Approval Before Exchanging Information on people with disabilities (in response to Paragraph 161 of the State Report)
After a PWD receives certification of status upon successful application, social services agencies will exchange personal information with other related official agencies to facilitate the handling of social benefits unless the person concerned separately applies for “non-exchange of information.” However, given the seriousness of continued stigmatization and discrimination in society, many PWDs who do not wish to reveal their disabilities to employers when receiving certification. Consequently, official social service providers should inform PWDs about the potential consequences of information sharing to protect the right to sufficient and independent decision-making; various Government departments should first receive the explicit approval in-writing by PWDs before proceeding with the exchange of personal information.
Right to Privacy for Persons with Mental Disabilities (in response to Paragraph 165 of the State Report)
According to Article 24 of the “Mental Health Act,” there should be no voice recording, video recording, filming, or disclosure of name and address without a patient’s consent or that of the patient’s guardian. However, hospitals often disclose treatment records to the media when major social incidents occur. Journalists and officials being interviewed also recklessly infer or conclude that a suspect’s alleged criminal behavior relate to the person’s mental illness. The Government should take the lead in strengthening respect for the right to privacy among officials and medical professionals. The Government should actively counsel or discipline violators rather than await complaints from the party involved.
Easypass card does not protect personal privacy
When a PWD uses the Easypass Card on public transport, others are able to discern the status of the person through the sound effect from the system and the designs on the card (such as a heart design on the card). As a result, many persons with invisible disabilities (such as those with psychological disabilities or major organ disabilities) are often asked to present proof of disability. The Ministry of Health and Welfare should explore a replacement for the current system to ensure the privacy of PWDs when they use their Easypass Cards.