‘데이터 주권’과 ‘개인정보 국외이전’ 규범 합리화 방안 연구

Abstract

This study examined the rationalization of the transfer of personal information overseas to secure data sovereignty. To secure data sovereignty, it is necessary to acquire international competitiveness in the data market by acquiring and utilizing high-quality and large-scale data. In addition, enforcement of national data must be supported. To this end, it is very important to establish reasonable norms for the international transfer of personal information. However, on such important matters, the current legislation prescribes the transfer of personal information overseas based solely on the consent of the data subject. However, as a means of respecting the actual intention of the information subject, 'pre-consent' has already been formalized·deformed and many questions are raised about its effectiveness. In particular, a “consent” dependent model of the data subject can make data trade with the European market difficult. Therefore, the transfer of personal information overseas is appropriately governed by the mutual adequacy model in terms of 'data sovereignty' and 'revival of data economy'. The following legislative tasks need to be resolved in order to implement this model of mutual adequacy. First, the establishment of offshore application regulations on the protection of personal information should be established, but the effectiveness of the offshore application regulations should be secured through the agreement between countries, which is mutually appropriate. Second, overseas transfer of personal information should be allowed only in the following cases : countries or personal data controller or processor approved by the government that the level of personal information protection is equivalent to that of Korea. The only exception to this is the transfer of personal information overseas with the consent of the data subject only if the following matters are clearly notified in advance: i) The lack of adequacy approval or the lack of appropriate safety measures; and ii) risks to the data subject due to the lack of such adequacy and appropriate safety measures.