OTT發展之隱私與個人資料保護問題初探

An Exploration of Privacy and Data Protection Issues of OTT

This essay aims to evaluate privacy and personal data protection concerns over cutting edge developments of current and emerging Over- The-Top (OTT) services, in particular streaming video and music services. In this regard, firstly, this essay identifies privacy and data protection issues and practical barriers to Formosan telecommunications/ online service development including OTT. This also includes description in relation to the regulatory environment for OTT and international major online services of the OTT, e.g., Netflix and iQIYI, contrasting it with the environment for traditional and telecom and media services, as well as local service providers. Then, after offering a carefully justified balancing test at issue, this essay makes recommendations to deal with the problem. Referencing to the EU data protection legal regime, this essay suggests that two problems are at issue: (1) damages to interests protected by the purpose principle of data protection; and (2) the profiling of personal data will influence the right to develop individual personality freely.