기업구조개편에 따른 정보주체의 권익보호에 관한 연구

Abstract

As technological advances have made it possible to process personal information on a large scale, more and more companies are utilizing personal information in various ways to conduct business. The transfer of personal information has become a frequent occurrence due to structural reorganizations such as business transfers and divisions and mergers between companies. We examined the current status of personal information issues related to the restructuring of these companies and reviewed the current system. In this regard, we examined the current Article 27 of the Personal Information Protection Act, which regulates the transfer of personal information in connection with the transfer of all or part of a business, mergers, and acquisitions, to identify problems and find ways to improve the protection of data subjects in practice. Article 27 of the Personal Information Protection Act provides for the exercise of the right of veto if the data subject does not wish to transfer personal information in order to facilitate the organic transfer of personal information as business property and to coordinate the protection of the rights and interests of the data subject even in the case of a business transfer. However, it is questionable whether this right of veto is in line with the purpose of business transfers and is actually an effective measure to protect data subjects. As a way to improve this, instead of leaving all decision-making power to the data subject, we sought to find a way to protect the rights and interests of the data subject through a prior inspection of the corporate structure reorganization reflecting the environmental changes in which the business activities of companies are diversified due to the development of new technologies such as online personalized advertising. We examined ways to introduce new pre-approval regulations within the Personal Information Protection Act, ways to use the combination of enterprises review system established in the Monopoly Regulation and Fair Trade Act, and ways to expand and utilize the personal information impact assessment system within the current Personal Information Protection Act.