데이터 3법의 분석과 향후과제

Abstract

Interest in big data is emerging as a promotion of big data activation policy in various countries around the world. As such, big data is a trend that can not be rejected by the information society, and its importance and influence are very important, but there is also concern about the use of big data in response to this. As such, there is a dilemma problem of regulation because there is a aspect that big data should be activated in the industrial field and protection of personal information should be preceded. Digital conversion is rapidly being developed by the development of technology and improvement of web accessibility. The high speed of wireless network is being advanced, and the unstructured mobile data is increasing due to the continuous expansion of smartphone penetration, and such big data technology has the characteristic of creating new value information by combining and organizing huge information. According to the Data 3 Act (Personal Information Protection Act, Credit Information Act, Information and Communications Network Act), existing personal information, other alias information and anonymous information were introduced in the legal definition of personal information, and the utilization and expansion of personal information, strengthening the status of the Personal Information Protection Committee, and introducing the My data industry were introduced. A pseudonym information refers to personal information that is not identified so that the information subject can not be recognized. According to the Data 3 Act, the part where personal information can not be used without the consent of the information subject that has been strongly regulated so far can be processed for the purpose of statistical preparation, scientific research, and public interest record preservation without consent of the information subject. Using such pseudonym information, it is possible to develop new services, technologies, and products using personal information, so that companies can launch new businesses and combine and utilize non-identifiable data. The European Union's GDPR has provided many implications for the improvement of the legal system in Korea. The enactment of the Data 3 Act has changed from rigidity to flexibility of the Personal Information Protection Act, and it is expected to provide the benefit of utilizing big data by presenting the profit creation that customers can acquire. The revision of the Data 3 Act is expected to develop the big data industry through the use of data based on the system that can utilize big data and foster new industries in Korea, but there are still concerns about the revision. In other words, it is possible to use pseudonym information for scientific research, statistical preparation, and public record preservation including industrial purposes such as the development of new technologies, products and services based on data. However, there may be criticism that there is no content related to deletion after achieving the purpose of the alias information once provided. The problem with the implementation of the Data 3 Act is the security of personal information discussed before the revision, which is the alias processing. It seems that all will be solved by a pseudonym, but it is difficult to rule out the possibility that they will use it indiscriminately if companies pursue profit first. Although we will do our best to protect personal information through thorough management, concerns and problems about security leakage are always a problem. In order to guarantee the right of the information subject to self-determination of personal information, domestic laws stipulate various rights such as right to view, correct, delete, and suspend processing. However, it is difficult to cope with the new problems due to the use of various types of information and big data accumulated through the Internet or SNS. Therefore, it is necessary to review the maintenance of the legal system that can eliminate the concerns about the leakage or infringement of personal information by referring to the European Union's attempt to strengthen the rights of information subjects in Korea.