LEGAL STUDY ON PRIVACY BY DESIGN FOR MOBILE APPLICATIONS DEVELOPMENT

• Main Authors: Chang, Yung Ching, 張永慶
• Other Authors: Chen, Chi Shing
• Format: Others
• Language: en_US
• Online Access: http://ndltd.ncl.edu.tw/handle/59599887828787443238

碩士 === 國立政治大學 === 法學院碩士在職專班 === 103 === In the contemporary age of Information and Communication Technology (ICT), the rapid use of smartphones and mobile applications consistently increasing, legal issues regarding invasion of mobile privacy concern government officials, academics, industry experts and consumers. This thesis raises two overarching questions based on mobile applications (apps) industry: (i) Is it necessary to legally enforce Privacy by Design (PbD) into mobile apps development to ensure better protection of privacy right? (ii) Should Taiwan government incorporate PbD into its Personal Information Protection Act (PIPA) to conform the US and EU regulations? This thesis use comparative jurisprudence approach to examine mobile privacy regulations by analyzing opinions, staff reports and regulations from the US and EU to determine how better Taiwan can emulate the US and EU’s guidelines on PbD to ensure that privacy protection mechanisms are implemented into product or service from the onset of mobile apps development. Furthermore, this thesis also assesses current privacy protection regulations and frameworks through a “bridging-approach” based on software engineering methodology where we conclude PbD results during mobile apps development cycle, and also demonstrate considerable interdisciplinary cooperation between legal science and computer science. Finally, this thesis proposes feasible solutions to address contemporary mobile privacy issues in Taiwan through a critical review of Taiwan’s PIPA, US and EU’s mobile privacy regulations, and suggest e-participation approach to involve different stakeholders – government officials, academics, and industry experts for future PbD policy making and regular dialogs to ensure robust protections of mobile privacy right.