Browse > Article
http://dx.doi.org/10.13089/JKIISC.2016.26.4.1013

A Study on Transborder Data Flow of Personal Information: Policy Suggestion based on EU's Approach  

Lee, Sang-Hyuk (Center for Information Security Technologies(CIST), Korea University)
Kim, In-Seok (Center for Information Security Technologies(CIST), Korea University)
Publication Information
Journal of the Korea Institute of Information Security & Cryptology / v.26, no.4, 2016 , pp. 1013-1023 More about this Journal
Abstract
Transborder data flow(TBDF) of personal information in Korea has been limited by current Privacy law which request data subject to give consent. As the IT industry is growing at an incredible rate, there is a need to review the existing law to cope with growing industrial demand and increasing numbers of international data transfer. The transfer of personal data overseas not only allow businesses providing IT services including finance, internet, e-commerce to thrive, but also impact every aspect of our lives which are increasingly depended on these technology. Transmitting personal data across borders raises serious questions of privacy protection and restriction of business operation. In ordrer to promote interoperability of personal data in international environment, a considerable amount of research and debate needs to be taken before implementing a sound policy. This paper presents a need for a sound TBDF policy in Korea by examine the main policy challenges associated with TBDF. Finally, the paper identify policy suggestions based on European Union's approach as they have successfully implemented TBDF policy that balanced data privacy and economic agenda.
Keywords
Cross-border transfer; Privacy Act; International Data Transfer; Transborder Data Flow; EU Transfer;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
연도 인용수 순위
1 http://www.mckinsey.com/-/media/McKinsey/Business%20Functions/McKinsey%20Digital/Our%20Insights/Digital%20globalization%20The%20new%20era%20of%20global%20flows/MGI-Digital-globalization-Full-report.ashx "Digital Globalization: The New Era of Global Flows," Mckinsey Global Institute, March. 2016.
2 Usman Ahmed and Anupam Chander, "Information Goes Global: Protecting Privacy, Security, and the New Economy in a World of Cross-border Data Flows," E15 Initiative by International Centre for Trade and Sustainable Development and the World Economic Forum, pp. 1-2, Feb. 2016.
3 http://fta.go.kr/main/situation/fta/world "World FTA Status," Ministry of Trade, June. 2016.
4 http://fta.go.kr/us/doc/1/ "US-KOREA FTA Agreement Chapter 13," Ministry of Trade, 2014.
5 Eun-Mi Kim, "A Study on the Financial Service in KORUS FTA : Focused on TBDF for Financial Data," The Journal of Korea Research Society for Customs 14(2), pp. 107-131, May. 2013.
6 Tae-Eon Koo, "Status and Improvement of the Legal System about the Transfer of Personal Information Abroad," Gachon Law Review, 6(2), pp. 277-312, March. 2012.
7 Jung-hun Lee, Seok-hoon Park, and Jong-in Lim, "A Study on the policy counterplan of Cross Border Financial Information Transfer according to FTA," Journal of The Korea Institute of Information Security and Cryptology, 21(3), pp. 117-130, June. 2011.
8 Wan-Q Pak, "Solutions to Problems regarding Transfer of Korean Personal Information to the U.S. in the Cloud Computing Environment," Kyungpook National University Law 38, pp. 455-478, Feb. 2012.
9 Korea Internet&Security Agency, "The analysis and reaction plan for current situation about cross-border data transfer," KISA-WP-2016-0015, Dec. 2015.
10 Rolf H. Weber, "Transborder data transfers: concepts, regulatory approaches and new legislative initiatives," International Data Privacy Law, vol. 3, no. 2, pp. 117-130, Feb. 2013.   DOI
11 Christopher Kuner, "Regulation of Transborder Data Flows under Data Protection and Privacy Law: Past, Present and Future," OECD Publishing, no. 187, pp. 22-24, Dec. 2011.
12 http://www.moi.go.kr/frt/bbs/type010/commonSelectBoardArticle.do?bbsId=BBSMSTR_000000000008&nttId=47865 "Level of Korea's Personal Data Protect Will Meet International Standard," Minis try of the Interior, Dec. 2015.
13 https://www.hoganlovells.com/en/-/media/ace8805a3cc04a308cadd47d3749f526.ashx "Legal Analysis of the EU-U.S. Privacy Shield," Hogan Lovells, March. 2016.
14 Marc Rotenberg and David Jacobs, "UPDATING THE LAW OF INFORMATION PRIVACY: THE NEW FRAMEWORK OF THE EUROPEAN UNION," Harvard Journal of Law & Public Policy, vol. 36, no.2, pp. 605-652, March. 2013.
15 Whon-il Park, Legal Issues and Solution to Personal Data Transfer, 1st Ed., Jipmoondang, Oct. 2015.
16 Seok Jin Lew and Woo Young Chang, "Transborder Data Flow and Dynamism of International Norms: Focusing on the Conflict between the EU-type andU.S.-type," Journal of International Area Studies, 9(3), pp. 79-117, Oct. 2005.   DOI
17 http://ec.europa.eu/justice/data-protection/international-transfers/index_en.htm "FREQUENTLY ASKED QUESTIONS RELATING TO TRANSFERS OF PERSONAL DATA FROM THE EU/EEA TO THIRD COUNTRIES," The European Commission, 2015.
18 http://www.allenovery.com/SiteCollectionDocuments/BCRs.pdf"Binding Corpo rate Rules," Allen & Overy LLP, Feb. 2013.
19 http://europa.eu/rapid/press-release_MEMO-16-2462_en.htm, "EU-U.S. Privacy Shield: Frequently Asked Questions," The Eureopean Commission, 2016.