| 英文摘要 |
With the emergence of the digital welfare state, social protection and assistance are increasingly driven by digital big data, artificial intelligence, and related technologies. The implementation of a conventional rights-based framework within the context of the digital welfare state involves examining the interaction between the state and its citizens from a human rights perspective. This approach emphasizes the importance of individual autonomy and the ability to make choices while adhering to the principles of accountability, non-discrimination, and equality.
The analysis of the 2020 Dutch SyRI case is the beginning of a rights-based judicial review in the digital welfare state in the Netherlands. Coincidentally, the Taiwanese Constitutional Court’s recent 2022 judgment of the Taiwan National Insurance Health Database case relates to just these kinds of privacy concerns. Although the constitutional system and political structure of the Netherlands and Taiwan are quite different, both the Dutch SyRI case and the Taiwan NIHD approached the issue of privacy from the traditional, rights-based perspectives, highlighting the problems of focusing on invasion rather than creating values and existing asymmetrical information relationships.
This paper aims to contribute by incorporating the concept of trust as a fundamental privacy value into the context of information relationships within the digital welfare state. It advocates for the introduction of a public trust model as well as the establishment of an independent supervision mechanism to carry out ex-ante risk assessments. This mechanism serves as an empowering tool to foster the creation of values and to address the information asymmetry that exists between individuals and the government in the digital welfare state. |
