데이터 프라이버시 보호를 위한 정보주체의 권리에 대한 고찰 - EU GDPR 법제도를 중심으로 -

Abstract

In the two years after 2021, a total of 2.6 billion personal information leakage damages occurred around the world. Compared to 2013, which corresponds to 10 years ago, the number of such damages has more than tripled. The same goes for Korea. As of August 2020, the number of personal information leaked over the past three years was about 65 million, with many cases of personal information infringement. As a result, companies are unable to collect and analyze customer's personal information and actively use it for marketing due to the issue of their responsibility. Accordingly, companies requested that the rights of the data subject be clearly set in the relevant laws. This is because they can predict the scope of their responsibility and actively utilize the personal information of customers. Customers who are data subjects are also requesting that their rights be specified in the relevant laws by protecting their personal information. Of course, Korea has strengthened the rights of data subjects through the enactment of the Personal Information Protection Act in 2011, the revision of the Data 3 Act in 2020, and the revision of the Personal Information Protection Act, which was promulgated on March 14, 2023, and takes effect on September 15, 2023, but it is still insufficient. Therefore, in this paper, I tried to prepare sseveral solutions to improve the rights of data subjects under the EU's general data protection rules(GDPR) through comparative review with the rights of data subjects in Korea's Personal Information Protection Act. As a result, under the Personal Information Protection Act, it was necessary to introduce some legal systems regarding the right to access personal information, the right to transmit personal information, the right to correct and delete personal information, the right to restrict the processing of personal information, the right of the data subject to automated decisions, and the right to object to them.