개인정보자기결정권의 범위와 한계에 관한 고찰 -개인정보보호법 일부개정법률안을 중심으로-

Abstract

As the 4th industrial revolution and the advent of the knowledge information society rapidly progress, the demand for data collection and use in various fields of society is increasing. The European Union passed the General Data Privacy Act (GDPR) in May 2018 Law was enacted. As such, major countries around the world are recognizing the importance of the personal information legal system and are trying to reorganize it. Korea has undergone about 15 amendments to the Personal Information Protection Act since the first enforcement of the Personal Information Protection Act in September 2011. In particular, through the revision of the so-called 3 data law in August 2020, it was evaluated that it increased the economic value of data by providing a legal basis for the use of personal information for statistical preparation, scientific research, and preservation of records for the public interest. However, criticism has been raised as to whether this revision of the law may lead to a reduction in the self-determination right of data subjects by focusing too much on the aspect of data utilization. Accordingly, in September 2021, the government proposed a partial amendment to the Personal Information Protection Act to supplement the previous amendment to the Data Act. However, some NGOs raised criticism that the contents of the above proposal did not adequately protect the rights of data subjects. As a result of this influence, the National Assembly received amendments to the Personal Information Protection Act five times in January 2022. in this regard, this paper matters concerning the introduction of the right to request transmission of personal information, review issues such as restrictions on the use of personal information for purposes other than personal information, rejection of automatic decisions and introduction of the right to request explanation, addition of an exemption clause for consent in the collection and use of personal information, and addition of a clause on overseas transfer of personal information. Then opinions were presented as to whether the content changed due to the amendment of the law is appropriate in terms of the protection of the personal information self-determination right of the information subject, and furthermore, whether it is at a reasonable level compared to the legislative practices of other countries.