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http://dx.doi.org/10.13089/JKIISC.2020.30.2.231

Rational Allocation of Liability for Damages in Personal Information Infringement by Third Party  

Yoo, Beeyong (SK infosec)
Kwon, Hunyeong (Graduate School of Information Security, Korea University)
Publication Information
Journal of the Korea Institute of Information Security & Cryptology / v.30, no.2, 2020 , pp. 231-242 More about this Journal
Abstract
In the case of damages caused by personal information infringement accidents caused by information infringer such as hackers, the information subject will usually claim damages to the information controller rather than the information infringer who is the perpetrator, and the information controller who has been claimed will claim damages again to the information security enterprise that has entrusted the information protection business. These series of claims for damages, which are expected to be carried out between the information subject, the information controller and the information security enterprise, are nothing but quarrels for transferring of liability among themselves who are also victims of infringement. So the problem of damage compensation should be discussed from the perspective of multi-faceted rational distribution of the damages among the subjects who make up the information security industry ecosystem rather than the conventional approach. In addition, due to the nature of personal information infringement accidents, if a large amount of personal information infringement occurs, the amount of compensation can be large enough to affect the survival of the company and so this study insist that a concrete and realistic alternatives for society to share damages is needed.
Keywords
personal information infringement; compensation for damages of personal infringement; claims for damages; distribution of liability for information infringement;
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