The newly enacted National Health Insurance Data Management Act (the “Act”) was passed by the Legislative Yuan on December 2, 2025 and promulgated by the President on December 19, 2025. The effective date will be determined by the Executive Yuan.

In response to Constitutional Court Judgment 111-Hsien-Pan-Zi No. 13, the Act significantly strengthens the framework for the use and management of National Health Insurance (NHI) data, while enhancing the protection of personal data privacy, with the aim of providing a legal basis for enhancing quality of healthcare and public health.

The key features of the Act include:

1. Management framework for NHI data
The Act expressly establishes rules governing the use of NHI data in order to safeguard individuals’ information privacy. Any use of NHI data beyond its original specified purposes shall be lawful, reasonable, and conducted in accordance with statutory procedures, and is subject to strict oversight.

2. Strengthening of individuals’ opt-out rights
The Act grants individuals the right to request opt-out from the use of their NHI data and clearly defines the applicable conditions of such “opt-out rights.” Individuals may request cessation of data use following the effective date of the Act. However, in emergency situations involving life or property, the competent authority may still use the data under specified conditions.

3. Strict application and review procedures
All applications for the use of NHI data beyond specified purposes shall be submitted with an application form and a detailed use plan, and are subject to review by the competent authority and the insurer. The review process shall involve relevant experts, scholars, and impartial members of society to ensure fairness and transparency.

4. Reasonable use of NHI data
The Act provides that NHI data may only be used for purposes such as improving healthcare quality, enhancing public health, and promoting social welfare, and shall not be used for commercial purposes. Applicants shall be government agencies or medical, academic, or similar institutions established within Taiwan.

5. Express Penalties
Violations of the Act may result in administrative fines and other administrative penalties.

Through the enactment of the National Health Insurance Data Management Act, protection of personal data is further enhanced, while institutions using NHI data are provided with a clearer legal framework, ensuring the security and proper use of NHI data.

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References

1. Enactment of the National Health Insurance Data Management Act https://law.moj.gov.tw/News/NewsDetail.aspx?msgid=195718‍

2. Legislative Yuan passes the “National Health Insurance Data Management Act” on third reading, safeguarding personal information privacy and the reasonable use of NHI data https://www.mohw.gov.tw/cp-7171-84706-1.html

3. Legislative Yuan passes the Act: Individuals may request to opt out of NHI data use; unauthorized use are subject to penalties https://www.cna.com.tw/news/aipl/202512020125.aspx