Freedom of Government Information Law

Response Timeline

Within 15 days of receiving the request; may be extended up to 15 additional days if necessary. The law does not specify whether these are business or calendar days.

How to Submit a Request

Accepted Methods

• {'notes': 'Written requests may be submitted by postal mail', 'method': 'Mail'}
• {'notes': 'Electronic transmission after authentication by a certification authority of electronic signature', 'method': 'Electronic'}

Only nationals of the Republic of China (Taiwan) who register their permanent residence in Taiwan may request information. Foreign nationals may request information only if their home country grants reciprocal access rights to ROC nationals (reciprocity requirement).

Required Elements

• Name of applicant
• Date of birth
• Identification number
• Address
• Telephone number
• Gist of content and number of requested government information
• Purpose of request
• Application date

Fees

Article 22 permits agencies to charge fees "according to the purpose of requesting" covering searching, examining, copying, and duplicating costs. Critically, each government agency independently determines its fee standards with no centralized rate-setting. No provisions exist for free initial pages or fee caps.

Fee Waivers

• Fees may be waived for requests made for academic research purposes
• Fees may be waived when the request serves the public interest

Exemptions

• National Secrets/Legal Confidentiality
  Information classified as national secrets by law or prohibited from disclosure under other regulations
• Supervisory Documents
  Materials acquired during supervision, management, investigation, or ban work where disclosure would make difficult or disrupt operations
• Internal Drafts
  Pre-decision preparatory materials (subject to public interest override)
• Cultural Heritage
  Information requiring special management where disclosure risks destruction or loss of value
• Privacy/Secrets
  Personal privacy, professional secrets, or ventilation rights (subject to public interest override for protecting life, body, health, or with consent)
• Trade Secrets
  Business information that would harm competitive position (subject to public interest override for public interest, life/health protection, or with consent)

Article 18 contains six exemption categories with a harm-based framework. Limited public interest override: only three of six exemptions (Art18(3) internal drafts, Art18(6) privacy, Art18(7) trade secrets) contain mandatory public interest overrides applicable when disclosure is "necessary for public interest" or protects "people's life, body, health." National secrets and supervisory documents exemptions remain broadly framed without public interest override provisions.

Appeal Process

Taiwan's appeals system suffers from lack of independent oversight. No specialized information commission or ombudsman exists for FOI disputes. Administrative appeals are heard by committees within the same government agencies being challenged, though external members comprise at least half the committee. Judicial review is available but places burden of proof on the requester rather than the government, creating significant barriers to successful appeals.

Records Retention

Promulgated 15 December 1999; implemented 1 January 2002 (Executive Yuan Decree Tai 90 Mi 063882)

View retention law →

Sources & References

• Full text of law →
• Primary source →
• RTI Rating - Taiwan Country Data →
• Administrative Appeal Act →
• Administrative Litigation Act →