개인정보 국외 이전제도의 현황 및 개선방안 연구

Abstract

In terms of personal information protection, due to the interacting between rapid development of IT technology such as clouds, big data, etc., and the unique information ecosystem of multinational enterprises in addition of the globalization of the world economy, personal information transfer has steeply increased in both sides of online and offline, and also the way and the path of personal information transfer have become diverse. But the gap between law and reality has intensified because the Korean Personal Information Protection Act(PIPA) and Act of Prom otion of Information and Communications Network Utilization and Information Protection(AICNIP) require opt-in agreem ent about overseas transfer of personal information of the information subject. In case of Korea, the scale of the transfer of personal inform ation abroad is not yet figured out, and the personal finance information stored by financial agencies would be transferred abroad due to the KOR-US FTA and the KOR-EU FTA. And if the ‘bar’-the strict regulation upon the transfer of personal credit information which is regulated tighter than other kinds of information is unlatched, it might occur a problem about discrimination between the other sectors. Though we cannot evade or ignore the transfer of personal information abroad, as we already knew, we are still focusing just on ‘protection’ of personal information, and we are disregarding any positive effects of the transfer of personal information abroad such as improvement of consumer convenience. Now is the time that the paradigm should be changed. Fundamentally,apart from 'opt-in' agreem ent, we need to insert the ‘appropriate use’ of personal information as the purpose of the law in the PIPA and the AICNIP and simultaneously we need to install some legal mechanisms about free personal information transfer. In this document, with the awareness of these issues and with various views, I checked up and reviewed the legal system s of Korea and other countries, the status and some issues about the ‘now steeply increasing’ transfer of personal inform ation abroad.