Many academic studies in Taiwan rely on data from the National Health Insurance (NHI) database for analysis. However, in 2022, the Constitutional Court ruled that parts of the current system were unconstitutional, requiring legislative amendments within three years. In response, the Ministry of Health and Welfare (MOHW) released a draft version of the Health and Welfare Data Management Act in March last year. This original draft covered not only the NHI database but also included data from the Health Promotion Administration’s cancer registry and other welfare-related datasets linked to the social safety net. However, the revised version—the Draft Act for the Management of National Health Insurance Data—now focuses solely on the use of NHI data. While the bill is still under legislative review, MOHW stated that the opt-out mechanism will be implemented ahead of the full law, starting this August.
Legislator Cheng-Hsu Wang held a public hearing yesterday titled “Legislative Direction for Health and Welfare Data Governance,” aiming to facilitate diverse and in-depth discussion about the framework for governing health and welfare data. The hearing focused on six main themes: scope of regulation, oversight mechanisms, individual rights, usage models, accountability, and feedback mechanisms.
Chen Chen-hui, Acting Director of the Department of Social Insurance at MOHW, explained during the hearing that the current external use of NHI data—limited to academic research and government agencies performing legal duties—was found to lack independent data protection mechanisms. These include both organizational and procedural safeguards, as well as the absence of provisions allowing individuals to request a halt to data usage. The Constitutional Court therefore mandated that within three years, the law must be amended or new legislation enacted to establish management and opt-out frameworks.
Chen noted that on April 10, the Executive Yuan convened a meeting to continue reviewing the Draft Act for the Management of National Health Insurance Data. The proposed law consists of 25 articles. Articles 1 to 7 outline the legislative purpose, functions, and composition of the advisory council; Articles 8 to 14 focus on restrictions for data usage and feedback mechanisms; Articles 15 to 18 deal specifically with the opt-out mechanism; and Articles 19 to 25 address penalties for prohibited behaviors.
The opt-out provisions for external use of NHI data have drawn widespread public attention. Chen said the draft outlines which types of data are available for secondary use and how individuals can request to stop the use of their data. However, it also specifies exceptions where opt-out requests may not be granted. These include obligations under other laws such as the Household Registration Act, the Statistics Act, and the Mental Health Act, or in cases involving national security or urgent threats to life, health, or property.
Chen also announced that the NHI Administration has completed its planning for the opt-out mechanism and will implement it starting August 12 this year. According to the NHI Administration, the draft allows for changes to the opt-out preferences twice a year. Individuals will be able to choose to opt out of specific data categories such as billing records, lab tests, or medical imaging. The process involves submitting an application, after which paper or digital consent is obtained. From the following month, the data will be excluded from storage and system use. The agency will regularly assess how opt-outs affect data representativeness, aiming to strike a balance between transparency, effective oversight, support for academic research, and data quality.
Resource: 健保資料運用侵犯隱私惹疑慮 衛福部：退出權8月上路
