liability insurance of privacy protection
Date Issued
2014
Date
2014
Author(s)
Lin, Yi-Chun
Abstract
Abstract
Since the enactment of the Personal information Protection Act, enterprises have been facing potential risks of civil claims for damages. In addition to the authentication approach to examine conformity to the requirements by the Act, enterprises are also taking insurance measures to transfer the risks. As a result, demands on liability insurance of privacy protection come into being. This paper attempts to analyze the issues brought about by this new type of insurance, and tries to use the substantive law, procedural law, and pro forma contract approach to find solutions and build proposals.
Firstly, this is a liability insurance, and therefore its insurance coverage is with the nature of recurrence, continuity, and potentiality. To insurer, this type of insurance incidences is prone to long-tail responsibilities. This problem should be handled with the insurance coverage design. Furthermore, the indemnification liability needs to go through litigation proceedings for verdict, and due to the domestic Insurance Law, Article 65, Item 3,this requirement can easily get the insured trapped in the statute of time limitations. Therefore, this problem needs to be solved by way of the procedural law and contract approach as well as law amendment.
Secondly, what damages should be covered by the liability insurance of privacy protection responsibility? This paper divides the coverage into two parts: indemnification coverage amount and other relevant legal fees. Chapter 4 deals with the insured’s internal management staff, employees, and outsource contractors for their deliberate or negligent behaviors that cause data leakage incidences, and discusses whether these affiliates need to pay for the insurance and whether they are entitled for subrogation. Chapter 5 discusses the Double Insurance between the coexistent liability insurance of privacy protection and other insurances, and how they should be handled.
Hopefully, the discourse presented in this paper can offer the public institutions and private enterprises some references in underwriting or insuring the liability insurance of privacy protection. Moreover, the author hopes that this paper can be a useful reference for the domestic insurance companies in their insurance design.
Subjects
個人資料保護法
長尾責任
保險競合
Type
thesis
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