The Organic Law on Personal Data Protection and Guarantee of Digital Rights introduces measures to strengthen the privacy of workers when using audiovisual or geolocation systems at work and to guarantee the right to digital disconnection outside of working hours.
The recognition of the right to digital disconnection, along with other recognized taiwan business mailing list digital rights, will appear in the Workers' Statute itself and in the Basic Statute of Public Employees.
«The right to turn off the mobile phone outside of work is now recognized by law»
This new right is regulated by article 88 of the Organic Law on Personal Data Protection and Guarantee of Digital Rights.
Article 88.1 : Workers and public employees shall have the right to digital disconnection in order to guarantee, outside of legally or conventionally established working hours, respect for their rest time, permits and vacations, as well as their personal and family privacy.
The main measures that are incorporated in labor matters:
Right to digital disconnection.
Right to privacy and use of digital devices in the workplace.
Right to privacy with regard to the use of video surveillance and sound recording devices in the workplace.
Right to privacy when using geolocation systems.
Digital rights in collective bargaining.
Employees have the right not to answer calls or emails regarding work-related matters outside of working hours.
Employers must develop internal policies for employees (including managers) to determine both the way in which this right is exercised and the actions to train staff on the reasonable use of technological tools. The way in which this right is exercised will be as agreed within the framework of collective bargaining, or between the company and the employees' representatives ; the type of employment relationship will also be taken into account and the right to reconcile work activity with personal and family life will always be promoted.