개인정보보호법 위반행위에 대한 제재 예외 사유

Abstract

The revised Personal Information Protection Act has been in force since 5 August 2020. Before the act was revised, it gave rise to various criticisms, including that the act vaguely defines the concept of personal information, that the legal basis related to the protection of personal information is distributed in various laws, and that the scope of use of personal information stipulated in the act should be expanded to foster new industries. Following the submission of various legislative proposals to amend the Personal Information Protection Act at the National Assembly, a bill amending the Personal Information Protection Act was finally adopted on 9 January 2020. An important new feature of the revised Personal Information Protection Act is the introduction of the concept of pseudonym information and the expansion of the scope of use of personal information by establishing provisions regarding pseudonymisation. This article focuses on analysing the legal justification of provisions that stipulate exceptions from the application of sanctions for violations of the revised Personal Information Protection Act in the case that the handling or use of pseudonym information violates the act. In detail, this article critically examines the concrete requirements and effects of the various reasons for exceptions from the application of sanctions regulated in Article 28-7 of the revised Personal Information Protection Act. Finally, this article suggests further conditions that should be contained in Article 28-7 to protect the basic rights on personal information of the informational subject.