데이터 3법 개정과 블록체인에의 파급효과

Abstract

The Data 3 A ct w as r evised o n Feb ruary 4 , 2020 and has b en in e ffect sinceAugust 5, 2020. “Data 3 Act” means the Personal Information Protection Act, theCredit Information Use and Protection Act, and the Information and CommunicationNetwork Use Promotion and Information Protection Act. The Personal InformationProtection Act has been in effect since August 5, 2020, along with the enforcementordinance of the same Act. The main contents of the revised Data 3 Act are: first, the definition of personalinformation is revised to reasonably set the scope of the concept of personalinformation, and second, the principle of restricting the purpose of collection isrelaxed to allow additional processing within a certain range, and third, in the caseof personal information that has undergone certain non-identification measures byintroducing the concept of pseudonym information, the consent of the informationsubject is exempted, and fourth, in accordance with the Credit Information Act, theright to request transmission of personal credit information is introduced, and fifth,the Information and Communication Network Act was transferred to the PersonalInformation Protection Act by readjusting the similar redundancy regulations, andsixth, regulations and supervisors related to the protection of online personalinformation were changed from the “Korea Communications Commission” to the“Personal Information Protection Commission”. Although the revised Data 3 Act has been revised to reflect the social demand of“protection and utilization of personal information”, an in-depth analysis is needed onhow the Data 3 Act will affect blockchain technology. This is because blockchain’slegal problems originate from blockchain technology itself, and blockchain technology is constantly developing anew, so there is a limit to legal use. In particular,blockchain has technical characteristics such as decentralization of information storage,immutability of stored information, and irreversibility of transaction information,which is at a counterpoint incompatible with privacy norms. In this article, the main contents of the revised Data 3 Act were examined andhow the revised law would affect blockchain technology.