개인정보이동권

Abstract

The right to personal information portability is a new right recognized from the perspective of guaranteeing the data subject's right to control. This can be said to be an efficient means to change from the conventional and passive model of personal information self-determination to an active participation model. The right to personal information portability is a right that requires the data subject to transmit his or her personal information to the person or a third party.This right to personal information portability is based on the right to self-determination of personal information recognized through interpretation of the Constitution. Through the introduction of this system, the information subject's right to self-determination of personal information is strengthened, and at the same time, the data industry can be promoted by fostering new industries and eliminating barriers to entry in the data field. The right to self-determination of personal information is the right of the information subject to control information about himself or herself by accessing and viewing his or her information held by others or requesting correction, deletion, or blocking of that information. To ensure this, the Personal Information Protection Act recognizes the information subject's right to consent, the right to request access to personal information, the right to request correction and deletion or blocking of personal information, the right to request suspension of processing of personal information, and the right to claim compensation for damages. In addition to these various rights, a newly recognized right is the right to personal information portability. The right to personal information portability was first introduced in the financial sector through the provisions of the Creat Information Use and Protection Act and was later recognized in the public sector through the Electronic Government Act. Afterwards, new regulations regarding this were established in the Personal Information Protection Act, a general law regarding personal information. Through this process, a systematic legal system regarding the right to portability of personal information was established. Strengthening the right to self-determination of personal information and fostering related industries through the introduction of the right to personal information portability were realized under the leadership of the government. In order to promote sustainable development in this field in the future, continued innovation will be necessary to enable active participation of the private sector and active market formation and development through this. In addition, it is necessary to quickly and continuously establish a system that takes into account the industrial characteristics of each field so that the My Data industry in each field can develop.