Legal Identity

Taiwan’s primary legal identity is the National ID Card, a mandatory document issued to citizens who are 14 years and above, who hold both Taiwanese nationality and household registration in Taiwan.^[1] Article 3 of the Enforcement of the Name Act (1953, as amended in 2024) states that ‘[t]he legal name of a national registered in a household shall be identified by the National Identification Card’.^[2] The document serves as proof of identity to access public and private services such as opening a bank account, filing taxes, applying for health insurance, and obtaining a driver’s license.^[3] For first-time applicants, they must apply in person at a household registration office and must submit a recent photograph, their original household registration book, and a personal seal (carved stamp used in place of a signature for legal, financial, and official documents).^[4] Those aged 14 and above can apply in person but applications for individuals under the age of 14 years must be made by their legal guardian.^[5] The ID card features a photograph, name in Chinese characters, date of birth, sex, a unique 10-character identification number, date and place of issue, and household address.^[6]

Holding a National ID Card constitutes having Taiwanese nationality and an established household registration.^[7] Only nationals with household registration are eligible to apply for a National ID Card which grants individuals the right to reside, work and vote in Taiwan.^[8] On the other hand, there are nationals who possess Taiwanese nationality but do not have household registration (NWOHR) in Taiwan, typically Taiwanese nationals living or born overseas.^[9] NWOHRs, who have ‘partial citizenship’, are not eligible to apply for a National ID card but may hold a Taiwan passport.^[10] NWOHRs seeking full citizenship to be nationals with household registration, can apply for a Taiwan Area Residence Certificate (TARC) but must provide a reason for applying and documents such as national ID cards, birth certificates, or household registration books of parents.^[11]

Foreign nationals and stateless individuals in Taiwan cannot obtain a National ID card as it is only accessible to nationals with household registration.^[12] Instead, they can apply for the Alien Residence Certificate (ARC), a temporary, renewable residency permit for foreign nationals staying over 90 days, or Alien Permanent Resident Certificate (APRC), for those who have legally resided in Taiwan for five consecutive years.^[13] Article 8 of the Regulations Governing Visiting, Residency, and Permanent Residency of Aliens (2000, as amended in 2023) allows stateless persons from Thailand, Myanmar, or Indonesia who entered Taiwan before the Immigration Act (1999, as amended in 2024) took effect on 21 May 1999 and cannot be deported to apply for the ARC for themselves and their children born in Taiwan, subject to approval and required documentation.^[14]

The only pathway for foreign nationals or stateless individuals to obtain a National ID is if they apply for naturalization as a national of Taiwan. For this they have to meet the requirements stipulated in Article 3 of the Nationality Act:

have legally resided in the territory of the Republic of China (ROC) for more than 183 days each year for at least five consecutive years;
are aged 20 or above and legally competent in accordance with the laws of both the ROC and their original nation;
have demonstrated good moral character and have no criminal record;
possess sufficient property or professional skills to support themselves and lead a stable life; and
possess basic proficiency in the national language of the ROC and basic knowledge of the rights and obligations of ROC nationals.^[15]

Household registration (known as hùjí) is a centralized civil registry mandated by the Household Registration Act (1931, as amended in 2015) for all Taiwan nationals that records personal and family data such as birth, marriage, death, adoption, family relationships, and residential address.^[16] Household registration is a prerequisite for National ID cards which allows access to voting, healthcare, education, and benefits.^[17]

Birth certificates in Taiwan are initially issued by hospitals immediately after birth and parents must then register the birth at a local Household Registration Office within 60 days.^[18] Documents required to register births are parents’ ID cards or passports, personal seals, marriage certificates, and the hospital-issued birth certificate.^[19] When parents are not married at the time of birth, the child is registered under the mother’s nationality and surname by default, and registration under the father’s nationality is only possible where paternity has been formally acknowledged and reflected in the household registration record.^[20] Article 6 of the Household Registration Act (1931, as amended in 2015) mandates that all children born in Taiwan, including foundlings who do not have household registration, are eligible for birth registration.^[21] For children born to non-Taiwanese nationals, the parents must apply for an ARC for their child within 15 days of birth.^[22]

Digital ID Overview

In December 2025, the Ministry of Digital Affairs (MODA) launched the Taiwan Digital Identity Wallet (TW DIW), a voluntary mobile app that stores various digital credentials, allowing users to verify their identity through biometric authentication methods to access public and private services.^[23] The system functions as a credential management container, rather than a single digital ID, as it can store multiple digital credentials such as citizen digital certificates, health insurance cards, driver’s licenses, student IDs, and professional licenses.^[24] The TW DIW uses a decentralized design in which credentials are stored directly on users’ devices, rather than in a central government database.^[25] The app also ensures that individuals retain control over their data by allowing users to selectively disclose only necessary information, such as verifying age without revealing birthdate.^[26] In March 2025, MODA launched a prototype of the TW DIW, released the wallet’s program code, and announced plans for public testing and input throughout 2025, in order to garner public trust and promote digital security.^[27] In July 2025, the Ministry of Digital Development concluded a series of workshops on the TW DIW bringing together experts and the public to gather feedback and explore risks, opportunities, and future use-case scenarios for the digital wallet.^[28]

Since it is still in its testing phase, it is unclear whether foreign residents with the ARC and APRC cards, refugees, or stateless persons, will be able to access the TW DIW. The TW DIW functions primarily as a functional ID system, because it does not establish legal identity but instead enables digital authentication and verification using credentials stored in the app.^[29]

However, the TW DIW represents the latest development in a longer and contested history of electronic identification initiatives in Taiwan. The Mobile Citizen Digital Certificate (CDC) initiative, launched in February 2022, introduced the TW FiDO (Taiwan Fast Identity Online).^[30] The TW FidO is a mobile application that replaces the need for a physical chip card, allowing users to authenticate their identities using facial or fingerprint recognition on their mobile devices, to access more than 238 integrated public services.^[31] This system was developed according to global authentication standards set by the FIDO Alliance, an international consortium focused on enhancing digital security through passwordless authentication.^[32] The Ministry of the Interior Certification Authority (MOICA) is the official agency responsible for issuing the Citizen Digital Certificate, a secure identity smart card that acts as an ‘internet ID’ for citizens and residents.^[33] In 2005, an earlier version of Citizen Digital Certificate was introduced allowing users to access e-government services, file taxes online, and verify their identity for certain legal and financial transactions.^[34]

Foreign residents who hold a chip-embedded ARC can apply for an Alien Citizen Digital Certificate IC Card.^[35] Only individuals over the age of 18 are eligible for the card and must apply in person at a National Immigration Agency service station. This Alien Citizen Digital Certificate IC Card issues digital certificates so holders can access government e-services such as household registration, taxes, digital receipts, pension, immigration records, and health records.^[36] The card cannot be used as a replacement for an ARC or passport as proof of legal identity.^[37]

Prior to TW FiDO, the government proposed rolling out electronic ID cards (eIDs), a move that faced significant public pushback.^[38] In January 2021, the government suspended its plan to issue eIDs, due to significant pushback from civil rights groups and cybersecurity experts on data security and protection concerns.^[39] The eIDs were initially planned to run as a trial for residents in Hsinchu City before nationwide implementation.^[40] First announced in 2018, the eIDs were designed to replace paper-based ID cards and include biometric data and cryptographic security features.^[41] Amidst mounting criticism, the government postponed this policy until a special law could be enacted to address information security breaches and cyber threats.^[42] Opposition legislators from the New Power Party similarly argued that the existing Household Registration Act did not provide an adequate legal basis for the eIDs, citing other countries such as Japan, Germany, and Estonia, which have adopted specific laws to implement their eID systems.^[43] Digital rights advocates also raised the issue that specific laws are needed to prevent the government from ‘frivolously’ collecting personal data using the eIDs and for an independent agency to be established to enforce the law.^[44]

In November 2020, more than 50 professionals along with the Taiwan Association for Human Rights (TAHR), filed a preventive injunction against the Ministry of the Interior on the proposed eIDs over concerns over privacy and data security.^[45] This legal suit followed an anti-eID petition launched in April 2020, where TAHR argued the government had no legal authority to implement mandatory eIDs unless it ensured citizens retained the right to opt out of eIDs, strengthened data security legislation, and established an independent agency to provide oversight and accountability.^[46] The case was dismissed in May 2023 by the Taipei High Administrative Court which found that the injunction did not meet the legal criteria for a ‘preventive nonfeasance’ lawsuit.^[47]

Law

Domestic law and policy

There is no specific legal framework governing Taiwan’s Digital Identity Wallet nor is ‘digital identity’ defined in any laws. Instead, it is shaped by the Electronic Signatures Act (2001, as amended in 2024) and the Financial Services Digital Identity Verification Guidelines.^[48]

In 2024, Taiwan amended the Electronic Signature Act to provide a legal foundation for the use, scope, and technical standards of digital signatures.^[49] The 2024 amendment defines digital signature as ‘an electronic signature generated by the use of a mathematical algorithm or other means to create a certain length of digital data encrypted by the signatory’s private key, and capable of being verified by the public key, backed by a certificate issued by a certification authority’.^[50] It grants digital signatures the same legal status as physical signatures. It also broadened the application of digital signatures to public services, financial and insurance sectors.^[51]

In 2023, Taiwan’s Financial Supervisory Commission (FSC) issued the Financial Services Digital Identity Verification Guidelines to standardize identity verification procedures for financial institutions to ensure the security and compliance of digital financial services.^[52] The guidelines instruct companies to conduct self-assessments of appropriate identity authentication methods based on risk levels and apply to financial regulators for a trial implementation.^[53] These guidelines also require companies to pay attention to consumer rights and consent around data collection.^[54]

Additionally, there are technical and operational standards outlined in documents such as the Government Public Key Infrastructure Certificate Policy and the Ministry of Interior Certification Authority (MOICA)’s Certificate Practice Statements that set out how MOICA issues, manages, and uses public key certificates, along with specific terms and conditions for the use of citizen digital certificate.^[55]

Based on MOICA’s website, there is no formal mechanism for filing and resolving complaints around digital certificates, beyond general customer service channels for technical support.^[56] Similarly, there is no available information on any complaint mechanisms for Taiwan’s Digital Identity Wallet.

Data Protection

Data protection in Taiwan is governed by the Personal Data Protection Act (2010, as amended in 2023) (PDPA) and the Enforcement Rules of the Personal Data Protection Act (2012, as amended in 2016) (Enforcement Rules).^[57]

The PDPA provides a comprehensive framework for protecting personal data by ensuring personal data is managed responsibly and securely to protect individuals’ data from potential misuse and unauthorized access.^[58] The PDPA defines ‘personal data’ as the name, date of birth, identification card number, passport number, special traits, fingerprints, marital status, family, education, profession, medical history, medical treatment, genetic information, sexual life (including sexual orientation), health examination results, criminal record, contact information, financial condition, and social activities, as well as other data by which an individual can be directly or indirectly identified.^[59] The PDPA further defines ‘sensitive personal data’ as medical records, medical treatment, genetic information, sexual life (including sexual orientation) and health examination and criminal records.^[60]

The previous regulatory body for data protection was the National Development Council (NDC).^[61] However, following the PDPA amendment in 2023 and constitutional ruling, the NDC was replaced by the newly established independent agency Personal Data Protection Commission (PDPC).^[62] This development was made based on Taiwan’s Constitutional Court’s Judgement 111-Hsien-Pan-13 (2022) in the case concerning the National Health Insurance Research Database. The judgment held that, to ensure the protection of personal information and the right to privacy under Article 22, the establishment of an independent data protection mechanism is required.^[63] The Preparatory Office of the PDPC was set up in December 2023 to draft regulations and establish the framework for the PDPC in conjunction with the amendments to the PDPA.^[64]

On 11 November 2025, the latest amendments to the PDPA were promulgated with the effective date to be determined by the government.^[65] These latest amendments establish the PDPC and new regulatory compliance obligations, aiming to enhance personal data protection standards and foster a more secure environment.^[66] The key updates are as follows:

Establishment of a new independent supervisory agency, the PDPC, to oversee personal data protection (Article 1-1);
Introduction of new data breach notification requirements, including mandatory reporting to the PDPC and affected individuals (Article 12);
Enhanced security measures for personal data files and contingency planning (Article 20-1);
The PDPC is empowered to conduct administrative inspections and enforce corrective actions (Article 22).^[67]

The Enforcement Rules provide specific implementation guidelines for both government and non-government agencies regarding data collection, processing, and use.^[68] Key rules include mandatory notice methods (email, text, phone), requirements for appointing personnel to secure data, and procedures for handling data subject rights like correction or deletion.^[69] On 22 January 2026, the PDPC announced draft amendments to the Enforcement Rules that includes updates to definitions and deletion of outdated provisions that apply to both public and private entities.^[70] The PDPC has initiated a 60-day consultation period for stakeholders to submit comments via postal mail, telephone, fax, email, or the Public Policy Network Participation Platform.^[71]

Between 2019 and 2021, Taiwan’s proposed rollout of eIDs faced sustained opposition from civil society groups, digital rights advocates, and cybersecurity experts, who raised concerns about mass data collection, surveillance risks, and the absence of adequate legal safeguards. Critics argued that the lack of a dedicated legal framework, weak oversight mechanisms, and unclear limits on data use could enable disproportionate state access to personal information and increase vulnerability to data breaches, particularly in the context of cross-border cybersecurity concerns.^[72] These concerns ultimately led to the suspension of the eID policy in January 2021 pending the enactment of stronger data protection laws and independent oversight coming into force.^[73]

Even now with the enactment of stronger data protection laws and establishment of an independent agency, the underlying concerns around digital ID security and cybersecurity threats are still present.^[74] Opposition legislators cautioned, in June 2025, that the government’s responses towards handling cybersecurity threats should be more transparent and that stronger authentication protocols should be adopted to tackle scams and fraudulent digital certificates.^[75]

International Commitments

Taiwan has a limited role in the UN considering its contested sovereignty and absence of permanent observer status at the UN.^[76] Despite this, it has voluntarily incorporated major human rights treaties into its domestic laws, including ICCPR, ICESCR, ICERD, CEDAW, CRPD, and CRC.^[77] In the International Review Committee’s (IRC) 2022 concluding observations on the human rights treaties, it raised concerns about the high number of children facing statelessness.^[78] The Committee recommended that the government should provide stateless children born in Taiwan with citizenship, to meet its obligations under Article 24 of the ICCPR on the right to nationality for children.^[79] The IRC in its concluding observations for CRC reiterated its concern about children of foreign and undocumented migrants facing statelessness and recommended the government look into problems of ‘acquisition of identity documents, residency rights and/or access to basic services’, keeping in mind the child’s best interest.^[80] The IRC, in its concluding observations for CEDAW in 2022, noted that the government failed to provide adequate help to non-national mothers with stateless children, particularly in social and healthcare services.^[81]

In January 2023, Taiwan joined the World Wide Web Consortium (W3C), a multi-stakeholder organization that establishes open internet standards in the name of protecting digital human rights.^[82] It has also joined two working groups; the decentralized identifier working group and verifiable credential working group.^[83] The Ministry of Digital Affairs (MODA) also announced plans to develop a digital identity wallet as part of the Digital Infrastructure Project for 2024-2027, following Taiwan’s collaboration with W3C.^[84] Under this plan, MODA aims to create a decentralized identity system by implementing DID and VC standards to form a secure digital civic infrastructure consisting of an issuer, wallet, and verifier.^[85] MODA also hosted an international digital wallet forum in 2024 featuring high profile tech stakeholders to discuss global applications of digital credentials and verification standards, as well as the need to balance privacy concerns with user convenience.^[86]

Taiwan also joined the Asia-Pacific Economic Cooperation Cross Border Privacy Rules (APEC CBPR) system on 23 November 2018, to facilitate secure, privacy-compliant international data transfers and to promote consumer, business, and regulator trust.^[87] At the time of joining, the PDPC did not exist, so it involved at least 15 related ministries or commissions to facilitate its participation in the CBPR system.^[88] The APEC CBPR is a voluntary, accountability-based framework where businesses are required to implement privacy policies consistent with APEC Privacy Framework’s principles on data handling, security, and consumer rights.^[89]

Designed to Include?

The Impact of Digital ID and Legal Identity on Citizenship and Nationality Rights

Taiwan’s digital ID framework has neither contributed to nor reduced statelessness. Since it is still in its testing phase, it is currently unclear whether the TW DIW will be accessible to both citizens and foreign residents and the type of legal identity documents required to register for the system.^[90] The government should ensure that the digital identity wallet can be accessed by everyone regardless of their type of ID card, nationality, immigration status, and whether they have household registration. It is too early to conclude whether TW DIW functions as a mechanism for establishing legal identity, nationality, or residency. Based on available information, it does operate solely as a digital authentication and verification tool built on pre-existing legal identity documents.^[91] The denial or inaccessibility of digital ID does not in itself create statelessness, but it can reinforce existing forms of exclusion faced by foreign nationals, stateless persons, and refugees This is particularly as access to public and private services increasingly depends on digital credentials linked to the National ID card or the ARC.

Foreign residents who hold a chip-embedded ARC can apply for an Alien Citizen Digital Certificate IC Card, which allows access to certain government e-services, including household registration services, taxation, digital receipts, pension systems, immigration records, and health records.^[92] However, this card does not serve as proof of legal identity and cannot replace an ARC or passport.^[93] Eligibility for an ARC is limited to stateless persons who meet the criteria set out in the Regulations Governing Visiting, Residency, and Permanent Residency of Aliens (2000, as amended in 2023), potentially excluding many others.^[94] Those unable to obtain an ARC remain excluded from the alien citizen digital certificate system and consequently from accessing government e-services.

There are currently no known specific legal or policy measures to promote inclusivity, transparency, or accountability for vulnerable or isolated communities to ensure their access to Taiwan’s digital ID systems. There are also no known judicial or authoritative precedents addressing the rights of stateless individuals in the context of digital ID systems in Taiwan, except for the constitutional ruling declaring the use of national health insurance database as unconstitutional in 2022.^[95] This ruling, along with civil society debates, has largely centered on privacy and surveillance concerns affecting personal data, rather than how digital ID affects statelessness.^[96]

Overall, Taiwan’s digital ID system, including the Taiwan Digital Identity Wallet and its predecessor systems such as the Citizen Digital Certificate and the Alien Citizen Digital Certificate IC Card, risks replicating existing exclusions in access to essential public and private services based on legal identity and nationality. While the government has taken significant steps to address public concerns around data protection, cybersecurity, and privacy, it has yet to address the structural exclusion embedded in its legal identity framework. As Taiwan continues to develop its digital ID systems, adopting special measures to ensure greater inclusion of vulnerable, marginalized, and isolated communities remains necessary.

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65.^

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68.^

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70.^

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71.^

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72.^

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73.^

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74.^

Fintech News Hong Kong, ‘Taiwan Legislator Raises Concerns Over Digital ID Security and Government Response’ (Fintech Hong Kong, 12 June 2025) <https://fintechnews.hk/34247/security/taiwan-digital-id-cybersecurity/> accessed 30 January 2026.

75.^

ibid.

76.^

BWC Admin, ‘The 1971 Decision That Still Shapes Taiwan’s Place at the UN’ (Better World Campaign, 21 August 2025) <https://betterworldcampaign.org/blog/1971-decision-that-still-shapes-taiwans-place-at-the-un> accessed 30 January 2026.

77.^

‘Internationalhumanrightsconventions’ (National Human Rights Commission, Taiwan, 22 August 2023) <http://nhrc.cy.gov.tw/en-US/cp.aspx?n=8693> accessed 30 January 2026.

78.^

‘Review of the Third Reports of the Government of Taiwan on the Implementation of the International Human Rights Covenants’ (International Review Committee 2022) Concluding Observations and Recommendations adopted by the International Review Committee <https://www.humanrights.moj.gov.tw/media/20212005/concluding-observations-and-recommendations_taiwan-international-review-%E8%8B%B1%E6%96%87%E5%AE%9A%E7%A8%BF%E7%89%88.pdf?mediaDL=true> accessed 30 January 2026.

79.^

ibid.

80.^

‘Concluding Observations on the Second Report of the Republic of China (Taiwan)’ (International Review Committee 2022) Review on the Implementation of Children’s Rights <https://covenantswatch.org.tw/wp-content/uploads/2015/12/CRC_2th_CORs_EN.pdf> accessed 30 January 2026.

81.^

‘Review of Taiwan’s Fourth Report on the Implementation of CEDAW - Conclusions and Recommendations of the International Review Committee’ <https://nhrc-ws.cy.gov.tw/Download.ashx?u=LzAwMS9VcGxvYWQvNDM3L3JlbGZpbGUvMTM1MjAvNjg2OS9kOWQyNjEzMy1jN2Y1LTRmMGQtYjQxZS05Y2Q0MzkwMmZiMzkucGRm&n=UmV2aWV3IG9mIHRoZSBUYWl3YW7igJlzIEZvdXJ0aCBSZXBvcnQgb24gdGhlIEltcGxlbWVudGF0aW9uIG9mIENFREFXLnBkZg%3d%3d> accessed 30 January 2026.

82.^

‘Ministry of Digital Affairs Joins W3C, Flies Flag for Taiwan in Establishing Global Internet standards｜Press Releases - News and Releases｜Ministry of Digital Affairs’ <https://moda.gov.tw/en/press/press-releases/3695> accessed 30 January 2026.

83.^

Zuo (n 32).

84.^

ibid.

85.^

ibid.

86.^

Is ta‘2024 Digital Wallet International Forum Explores Cross-Border Digital Identity Trust Mechanisms｜Press Releases - News and Releases｜Ministry of Digital Affairs’ <https://moda.gov.tw/en/press/press-releases/14644> accessed 30 January 2026.

87.^

Jamael Jacob, ‘APEC’s Cross Border Data Transfer Rules: An Unfulfilled Potential, An Uncertain Future’.

88.^

ibid.

89.^

ibid.

90.^

Sarah Clark, ‘Taiwan to Begin Roll out of Digital Identity Wallet’ (NFCW, 13 March 2025) <https://www.nfcw.com/2025/03/13/390232/taiwan-to-begin-roll-out-of-digital-identity-wallet/> accessed 29 January 2026.

91.^

‘What Is the Taiwan Digital Identity Wallet?’ (n 24).

92.^

‘Taiwan Alien Digital Citizen Certificate FAQ 自然人憑證常見問題’ (n 38).

93.^

ibid.

94.^

‘Regulations Governing Visiting, Residency, and Permanent Residency of Aliens - Article Content - Laws & Regulations Database of The Republic of China (Taiwan)’ (n 14).

95.^

‘Summary of TCC Judgment 111-Hsien-Pan-13 (2022) 【Case on the National Health Insurance Research Database】 - Taiwan Constitutional Court’ (n 63).

96.^

ibid.

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