유럽연합과 미국에서의 개인정보이동권 논의와 한국에의 시사점

Abstract

With the advent of the data economy with the recent development of information technology, personal data has become a key resource for economic development and social growth. As a result, the value of personal information or personal data increases day by day, with some large platform companies holding the majority of such critical resources, resulting in a power imbalance issue between platform companies and consumers, and this imbalance is difficult to correct under the existing consent system. Against this backdrop, the European Union (EU) introduced the right to data portability as a new right for information subjects in the General Data Protection Regulation (GPPR). Thus, by facilitating the 'free movement' and 'reuse' of the personal data of consumers, data-driven innovation is sought by correcting power imbalances and promoting competition by facilitating a consumer's choice of a new platform. However, there is a strong disagreement between the two sides regarding the introduction of the GDPR's right to personal information. While there is a positive assessment that it will function as a game changer, concerns are being expressed such as that it is not easy to find clear criteria for resolving conflicts between conflicting rights and interests, and that the technical implementation of the right to move personal information creates burdens and costs for private data processors such as companies, and that security breaches can occur more easily in the process of moving personal data. Meanwhile, the U.S. has implemented 'Smart Disclosure Policy' through a public-private partnership system since 2011 under the initiative of the federal government to implement data mobility for consumers. In other words, the personal data of consumers held by public agencies and private companies is standardized and provided to consumers in a format that can be read by computers. These smart releases are empowering consumers to make rational choices and pushing forward policy goals to increase market transparency. It is now difficult for anyone to deny policy goals that should promote competition by enhancing consumer service choices, as well as readjusting the power imbalance between consumers (information entities) and operators (personal information processors) by drawing innovation based on the free movement of personal data in the data economy system and strengthening control of the information subjects. It has become inevitable to recognize and introduce the right to move personal information as a means of achieving these policy goals. However, since there are some constraints on the introduction of the right to move personal information, it is deemed that the introduction of the right to protect personal information in full and general immediately will be a big policy burden. Therefore, it is necessary to be more prudent to introduce the law on personal information protection for general corporations. If there is a great need for introduction, it is thought that we can consider introducing it temporarily in the financial and medical sectors first after careful legislative investigation and discussion. In addition, the public-private partnership approach, which has been pursued by the U.S. federal government, seems most appropriate and necessary at this point.