가명정보와 개인정보자기결정권 - 동의 없이 가명처리된 민감정보의 상업적 이용은 정당한가? - [대상결정] 헌재 2023. 10. 26. 2020헌마1477, 2021헌마748 결정

Abstract

In the era of the Fourth Industrial Revolution, balancing data utilization and personal information protection is of utmost importance. This paper analyzes the current status and issues of legal regulations surrounding the concepts of “pseudonymized information,” “pseudonymisation,” and “processing of pseudonymized information” introduced in the recently amended 3 Data Laws, using recent Constitutional Court rulings as a reference. Pseudonymized information provides a means of processing personal information in a way that does not allow for the identification of specific individuals; however, concerns about the potential for re-identification of data and violations of personal rights arise concurrently. In particular, legal regulations concerning the pseudonymization of sensitive information may restrict the rights of data subjects, potentially leading to legal and ethical issues if adequate protective measures are not established. The recognition of the “right to cease pseudonymization” in court rulings signifies a crucial judgment for the protection of data subjects’ rights to informational self-determination and suggests a necessary legal foundation for balancing public interests in data utilization with the protection of individual rights. Furthermore, the inclusion of “commercial and industrial purposes for the statics and scientific research” in the objectives of “processing pseudonymized information” emphasizes the need for a proper balance between the limitation of data subjects’ rights and those objectives. To identify practical solutions for protecting the interests of data subjects while promoting the advancement of a data economy. Through discussions of interest balancing, it proposes legal approaches and legislative improvements for the safe and effective use of pseudonymized information. Ultimately, it underscores the necessity of proactive legislative efforts to develop a legal framework that adequately protects the rights of data subjects without hindering innovation in data utilization.