비금융 개인신용정보의 전송요구권에 대한 법적 쟁점

Abstract

With the recent arrival of the Fourth Industrial Revolution, financial services that promote the movement of information such as open banking and mydata services is being activated in the financial sector as it aims to increase the social value that data sharing can create. The legal basis for the movement of information in the financial sector was established in the amended Credit Information Use and Protection Act on the introduction of right to request to transmit personal credit information. There is also concern that the amendment to the Enforcement Decree would significantly broaden the scope of credit information by including details about order as the object of the right to request transmission of information. However, given that new credit evaluation analysis techniques are being developed based on various non-financial information such as social network information and digital history, and that it can improve financial access for people with insufficient financial history, It is reasonable to assume that details about order should be included in credit information. Under the revised Credit Information Use and Protection Act, information receivers by requtransmission request are limited to electronic financial companies, which will impose restrictions on the exercise of the right to request transmission. In order to revitalize information circulation and enhance the convenience of credit information subjects, it is reasonable to expand the scope of information receivers by the transmission request to the telecommunication vendor or the telecommunication broker of Act on the Consumer protection in E-commerce. Furthermore, it would be useful in enhancing information utilization and realizing the right to self-determination of personal information to introduce ‘right to data portability’ into Personal Information Protection Use and Protection Act. Legal issues related to the exercise of transmission requirements can be divided into information protection related to the interests of credit information subjects, data ownership and intellectual property rights related to the interests of information holders, and competitive legal issues based on information concentration. With regard to information protection, the consent procedures for the use of information should be improved to clarify the purpose of the transmission of personal credit information. With respect to data ownership and intellectual property rights, data cannot be subject to ownership because it cannot have the nature of object and individual data cannot be subject to copyright because 'creativity' cannot be recognised. So it is not necessary to recognise the rights of the data holders. With regard to competitive legal issues, it should be noted that the exercise of the right to request transmission may result in competitive inhibitions such as unfair trading or abuse of market-dominant status in personal credit information management industry.