기술혁신에 따른 데이터법의 이슈와 과제

Abstract

In the era of digital deepening and generative AI, data is strengthening its role as a core resource in name and reality. As the collection, analysis, and use of real-time mass data using big data, 5G, IoT, and AI are maximized, data is now becoming a key factor in determining the competitiveness of countries and companies beyond production factors such as capital and labor. At this time, the role of policy and legislation regarding new resources, called data, rather than traditional resources, is becoming more important than ever. Korea, the world's leading IT country, is also entering the era of a data economy in which innovation is led by companies that secure and utilize a lot of data. In order to promote data utilization by easing the strict protection-oriented data regulations so far, the Three Data Acts have been enacted. We are facing a new turning point as the second amendment to the Personal Information Protection Act goes into effect in September 2023. In addition, as the Data Industry Act and the Industrial Digital Act, enacted in 2021, are enacted and come into effect in 2022, the economic use of data is in full swing, and the spread of My Data to all fields is progressing, starting with My Data in the financial sector. In the early days of digitalization, Korea became the first country in the world to have the Internet widely used, and the possibility of privacy infringement increased. Accordingly, protecting data, including personal information, became a more important task than anything else. However, as the economic value of data was gradually recognized, there is a change in the direction where the importance of utilization is recognized. However, the Personal Information Protection Act and Copyright Act are still focused on data protection, so it can be assessed that the conflict with the business community that requires data use has not been sufficiently resolved. Considering the legislative purpose of creating various economic values from data and creating a foundation for the development of the data industry to contribute to the improvement of people's lives and the development of the national economy, it is necessary to avoid this data protection-oriented approach as soon as possible. Protection and Utilization of data needs to be discussed in a balanced manner. In addition, in the recently introduced generative AI, the development of the AI industry is impossible if the smooth use of learning data is not guaranteed, so it is necessary to establish an appropriate use relationship between data holders and users. In addition, improvements in regulations to continue my data innovation, establishment of data sovereignty along with liberalization of cross-border data transfer, and balance between data concentration and openness are needed.