인공지능 정보의 사용에 따른 개인정보보호에 관한 법적 연구 – 데이터 3법의「동의권」관련 분석을 중심으로 –

Abstract

Artificial intelligence is a development opportunity that can change the paradigm of Korean society as a whole, and at the same time, there is a danger of infringing on individual privacy, and opportunities and risks coexist. The core of artificial intelligence is data, and it is personal information that has value in data analysis. The consent system is a system devised to utilize personal information. However, in the process of collecting and processing large amounts of data, including personal information, artificial intelligence makes it is not easy to obtain individual consent or prior consent from the information subject. Legal research on the protection of personal information through the use of artificial intelligence information focuses on the consent system and artificial intelligence regulations regarding the three data laws. Legislative examples consider the GDPR, which is the basis of personal data protection law, and the advanced UK GDPR, and the Japanese「Personal Information Protection Act」, which stipulates the post-processing right to refuse (opt-out) and reporting system, is reviewed. On the other hand, there are important legal issues related to the 3 laws 「rights of consent」 for data using artificial intelligence: consent for personal information, protection of minors and confidential information, use for purposes other than the intended purpose, provision to a third party, disclosure Information, commercial potential, de-identification, etc. will be discussed as an emphasis. In addition, regarding legal issues, I will try to summarize the decisions of various committees, decisions of the Supreme Court, decisions of lower courts, and judgments of foreign countries.