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  • [지적재산권/IT] Personal Information Protection Act
    • Competent Ministry : Ministry of the Interior and Safety
    • Advance Publication of Legislation : 2018-04-06
    • Opinion Submission Deadline : 2018-04-20
Reasons for Proposal

As the analysis and use of information has emerged as an essential element of new technologies with the advent of the Fourth Industrial Revolution, there is a growing interest in the use of personal information. Accordingly, there is an increasing demand for a legal system for the use of non-identifiable personal information by modifying the current Act, which focuses on the protection of personal information.

As frequent use of personal information poses privacy risks, it is also important to provide real protection for the basic rights of data subjects by preparing stricter penalty measures against the abuse and misuse of personal information.

Accordingly, the Amendment prescribes grounds on which to use non-identifiable information with respect to the use of personal information. The bill also imposes penalty surcharges and prescribes punitive damages concerning the creation and use of personal information or the provision of such information to a third party etc., during the course of processing non-identifiable information, thereby striking a balance between the use and protection of personal information (Article 22-2 newly inserted, Article 34-2 and Article 39, paragraph 3).

Major Provisions

Prescribe grounds on which to use non-identifiable information and prohibit the creation and use of personal information or the provision of such information to a third party during the course of processing non-identifiable information (Article 22-2 newly inserted).

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