데이터이동권 도입을 위한 비교법적 연구

Abstract

Korea is gradually expanding its MyData policy to ensure the right of the data subject to personal data like major foreign countries. My Data aims to form a data ecosystem centered on the data subject, and aims to achieve this by ensuring control over data portability by the data subject. The EU GDPR, which first stipulated the right to data portability, aims to promote fair market competition. In particular, the right to data portability is intended to prevent data subjects from being locked in to a specific service and to be able to transfer to another service. Indeed, it generated to prevent IT giants from dominating the information distribution market. For the same reason, it is necessary to guarantee the right to data portability in order to ensure the effective competition of Korean companies in a single digital market and to ensure the autonomy in the choice of services by data subjects. In Korea, the right to data portability can refer to all cases of the right to receive data, the right to decide consent, and the right to request data in that it means the right to control the data subject. However, according to the EU GDPR, the right to data portability is the right of the data subject to receive personal data in a machine-readable format. The guarantee of a machine-readable format or an interoperable format is intended to guarantee the availability of the transferred data by a controller. It would be appropriate to view the right scope of data portability in Korea as the right to guarantee the utilization of data and to actively request the controller to provide the personal data. In Korea, there is no provision for the right to data portability, it is necessary to establish a new provision to ensure this. Specifically, this paper compares the reasons for restriction of the right, the data provider, the obligations of the providers, the scope of the target data, the method of providing data, and the processing period and the processing cost according to the request for data porting with the regulations of foreign countries to introduce the provision for the right to data portability.