블록체인 기술과 개인정보 보호의 법률문제

Abstract

Legal problems related with blockchain arise from the blockchain technology itself. The blockchainin technology is characterized by password protected transaction information, persistent storage, non–changeable, time-tracking, and distributed verification. However, decentralization, immutability, and irreversibility, which are features of the blockchain technology, can be a significant barrier to privacy practices. For these reasons, an alternative is needed to find a balance between the use of blockchain technology and privacy practices. In the blockchain, the transaction information is stored in a distributed manner among a plurality of nodes. In this case, whether transaction information stored in the block chain corresponds to personal information is a problem. If the transaction information corresponds to personal information, It raises questions of how the information subject can exercise the rights specified in the Personal Information Protection Regulations in relation to the personal information stored in the block chain and whether the block chain technology protects personal information is possible or not. Furthermore, in the case where a block of personal information is applied to a blockchain, it is a question of who is to exercise the rights specified in the personal information protection rule and who should perform various compliance according to the protection policy. The main reason why the blockchain technology generates legal problems in relation to the personal information protection rule is that the current personal information protection rule is composed of a discipline system based on the existence of a centralized personal information processing organization such as a personal information processor. And the blockchain is based on a decentralized structure in which information input to the block is distributed and stored. In addition, privacy policy protects personal information through the protection of information anonymization, while blockchain technology secures transaction transparency through mutual authentication, and therefore access to information is different. This study aims to investigate the problem of collision with the personal information protection rules that can be caused by the blockchain technology, and to suggest a solution.