개인정보 이동권과 마이데이터 산업 관련 연구

Abstract

In the era of the Fourth Industrial Revolution, countries around the world are pursuing strategies to strengthen the rights of personal information subjects and increase data utilization, although there are differences in means and policies. In accordance with the revision of so called 3 Data Act in February 2020, Korea also established the right to request the transmission of personal credit information in the 「Credit Information Act」 and is promoting the Mydata business. In this study, the legal system related to the right to data portability in the European Union, the United States, and Japan and policies related to Mydata industry were examined, and through this, the implications of Korea's data industry were drawn. In addition, it will examine the current status of the right to data portability and the Mydata industry in Korea, derive related issues, and present the direction to be taken in the future. Although there are differences in policies related to the right to data portability and Mydata business in each country, they are common in that they intend to strengthen the management system related to the distribution of personal information. Although the situation is different, such as the European Union stipulating the right to data portability or preparing regulations like Japan, the authority of the data subject is strengthening. Also, regarding the data distribution industry, Europe and Japan have been preparing for a long time through pilot projects and research. On the other hand, in Mydata industry, in order for individuals to exercise their authority as a real information subject, there is a system that enables self-information management in Europe. In Japan, information banks manage personal information through contractual trusts. The button of the Smart Disclosure Policy in the United States is also provided with a function that allows the information subject to search for personal information on the information homepage. In the case of Korea, the 2016 K-Mydata policy was announced. Since then, the Financial Services Commission is promoting the development of the Mydata industry, focusing on the development of the financial industry and enhancement of consumer convenience based on the right to request transmission of personal credit information. The Ministry of Science, Technology and ICT is not based on the right to data portability, but has been promoting a system related to the Mydata platform based on prior consent, and the Ministry of Public Administration and Security has been also promoting the Mydata policy in terms of opening public data. However, in order for Mydata policy to achieve both personal rights and data distribution industry development in the future, ① PIMS for personal information establishment and guaranteed specific right to consent, ② social consensus on information subject to Mydata, ③ the readjustment of the legal system between the Personal Information Protection Act and Credit Information Act should be done.