마이데이터 산업에서의 정보이동권 -정보주체와 처리자간의 균형을 위한 개인정보 전송 요구권-

Abstract

The scope and content of the right to data portability in my data industry show different patterns depending on whether it is to be understood as a principle that works in a specific market or as a principle that can operate anywhere in the data economy market. Accordingly, the types of the introduction of the right to data portability in each country are diverse based on policies related to data distribution. The government sets the establishment of a data economy ecosystem at the center of the Fourth Industrial Revolution policy and seeks a plan to substantially guarantee the data subject's right to self-determination of personal information. However, the requirement for the right to data portability in the revised Credit Information Act is merely an extension of the formal consent system, and there is criticism that the content of the government's MyData industry promotion plan is strict to lead my data service to innovation and competition. In terms of revitalizing MyData industry, and in terms of practically protecting individual rights, they have not received positive reviews. Therefore, the government should clearly establish the policy direction whether to prioritize the 'securing the competitiveness of the data industry' or whether the current data industry is introducing the MyData industry to ‘reduce the imbalance of authority leaning on personal information processors’. First, it is necessary to clarify the scope of the exercise of the right to request transmission and the conditions of the exercise. There has already been a controversy over the scope of ‘personal information’ that is subject to the effect. This is because the revised Credit Information Act broadly defines credit information and interprets even information irrelevant to personal credit (commercial transaction details, etc.) to be subject to the right to request transmission. The reason my data business was started limitedly under the Credit Information Act was to provide innovative financial services by combining financial data with other credit information. Is it reasonable to collect all credit information from these policy goals? This controversy should be ended before the upcoming MyData project is implemented. Second, it is a matter of general legislation of data portability rights. It is positively evaluated that the domestic my-data industry starts first in the financial field where the largest amount of personal data has been accumulated in a situation where the my-data industry has not been established. If MyData industry expands to other fields of personal data, the right to transfer information will also become a general law. If the right to transfer information is to be recognized as a legal right to the subject of personal information, the right to self-determination of personal information is not an exclusive or absolute basic right, and therefore an appropriate comparative sentence with the freedom of business and property rights of the information controller must be made. In particular, because there may be a conflict with other fundamental rights such as freedom of business such as finance companies that need to transmit information, methods, and means for ensuring that basic rights can be properly harmonized should be considered.