• Title/Summary/Keyword: Right to data portability

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A Study on Legal Issues of Data Portability and the Direction of Legislative Policy (개인정보 이동권의 법적 이슈와 입법 정책 방향)

  • Yi, Chang-Beom
    • Informatization Policy
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    • v.28 no.4
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    • pp.54-75
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    • 2021
  • The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

A Study on the Effective Guarantee of the Right to Portability of Personal Health Information (개인건강정보 이동권의 실효적 보장에 관한 연구)

  • Kim, Kang Han;Lee, Jung Hyun
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.35-77
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    • 2023
  • As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

A Study on the right to data portability for data sovereignty triggered by the GDPR enforcement (GDPR시행에 따른 데이터 주권강화를 위한 개인정보 이동권에 관한 연구)

  • Jeon, Ju-Hyun;Rhee, Kyung-Hyune
    • Proceedings of the Korea Information Processing Society Conference
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    • 2018.10a
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    • pp.300-303
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    • 2018
  • 유럽연합(EU)의 GPDR(개인정보보호일반규정)시행에 따라 개인정보를 활용하는 사업자 입장에서는 개인정보 보호도 중요하지만 활용측면에 더 많은 관심을 보이고 있다. 개인정보 보호와 활용에 따른 균형점을 찾는 제도적 정착을 위해 개인정보 이동권에 대한 요구가 생겼다. 국내 개인정보 관련 법률에는 아직 근거가 없으며 개인정보처리자의 독립적 데이터 보유에 따른 책임 강화와 정보주체가 자신의 데이터를 관리하는 권리를 가지고 데이터 활용을 할 수 있는 개인정보 자기결정권이 더 요구된다. 이에 따라 본 논문에서는 GDPR의 개인정보 이동권에 대한 현황 및 준수사항을 알아보고 각 나라별 개인정보 이동(data portability)에 따른 개인정보 활용방안과 고려사항을 제시하고자 한다. 개인정보이동에 한 형태로 국내 마이데이터 시범 사업이 정착하기 위한 법칙, 기술적 대응사항을 제시하고자 한다.

A Study on Privacy Protection in Financial Mydata Policy through Comparison of the EU's PSD2 (유럽 PSD2 시행에 따른 금융분야 마이데이터 정책의 개인정보보호 강화 방안 연구)

  • Song, Mi-Jung;Kim, In-Seok
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.29 no.5
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    • pp.1205-1219
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    • 2019
  • As the ability to use data becomes competitive power in the data-driven economy, the effort to create economic value by using personal data is emphasized as much as to protect personal data. EU's PSD2(the second Payment Service directive) became the initiative of the Open Banking trends all over the world, as it is the Mydata policy which protects the data subject's right by empowering the subject to control over the personal data with the right to data portability and promotes personal data usages and transfer. Korean government is now fast adopting EU's PSD2 in financial sector, but there is growing concerns in personal data abuse and misuse, and data breach. This study analyzes domestic financial Mydata policy in comparison with EU's PSD2 and focus on Personal information life-cycle risks of financial Mydata policy. Some suggestions on how to promote personal information and privacy in domestic financial Mydata Policy will be given.

Legal and Institutional Improvement Tasks for Utilizing Mydata in the Transportation Sector for NetZero (탄소중립을 위한 교통분야 마이데이터 활용의 법제도적 개선 과제)

  • Ji-Yeon Lee;Min-Ji Koh;Seung-Neo Son
    • Industry Promotion Research
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    • v.9 no.1
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    • pp.47-55
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    • 2024
  • In the transportation sector, reducing total vehicle mileage and passenger vehicle traffic are proposed as strategies to achieve carbon neutrality. To achieve this, MaaS services must be actively promoted with the goal of revitalizing public transportation. In order to promote MaaS, individual movement data is required, such as the individual's means of movement, route, and conversion of the individual's means of use. However, in Korea, there are legal limitations in collecting and utilizing data on individual movements. As the right to request transmission of personal information was newly established in the revised Personal Information Protection Act in 2023, a law was established to collect and utilize data on individual movements. However, enforcement ordinance, detailed rules, instructions, guidelines must be prepared, and the standardization of data format and transmission system for collecting my data needs to take precedence.

A Study on ways to secure personal information stability according to the implementation of the mobile phone use system for milityary personnel (군장병 휴대전화 사용제도 시행에 따른 개인정보 안정성 확보 방안 연구)

  • Hwangbo, Wongyu;Shin, Dong-Kyoo
    • Journal of Internet Computing and Services
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    • v.23 no.6
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    • pp.49-58
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    • 2022
  • As military service members are fully permitted to use mobile phones for sickness after work, it is time to minimize the direct collection of personal information from telecommunication companies when opening mobile phones to secure the safety of military service personnel's personal information. Prior to introducing the use of mobile phones by soldiers after work, the Ministry of National Defense established a security control system such as blocking the mobile phone shooting function to prevent security accidents and concerns about some adverse functions such as illegal cyber gambling, game addiction, and viewing pornography. come. Mobile telecommunications companies entrust personal information processing tasks, such as opening mobile phones, to telecommunications agencies and carry out management and supervision, such as checking the status of personal information protection measures. When a military service member opens a mobile phone, a personal information management agency is newly established using the right to portability of personal information, and a system for requesting the transmission of personal information from the military service member is proposed.

A Comparative Analysis of EU GDPR with Privacy Laws in South Korea (EU GDPR과 국내 개인정보보호 법제 비교분석)

  • Kim, Sung Hyun;Lee, Chang Moo
    • Convergence Security Journal
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    • v.18 no.5_1
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    • pp.83-92
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    • 2018
  • The GDPR implemented since 25 May 2018 is common to all EU Member States and is legally binding. It is also important and legally valuable in that it takes into account the latest trends related to privacy protection. The purpose of this study is to propose a comprehensive review and improvement direction of the personal information protection laws in South Korea through a comparative analysis of EU GDPR and privacy related laws in South Korea. As a result of this study, the differences between the GDPR and privacy related laws in South Korea are Definition of personal sensitive information, Right to data portability, Data protection officer, Transfers of personal data to third countries, Supervisory authority, and Punishment, etc. The differences in these regulations were necessary to protect the rights and interests of data subjects and to properly handle personal information of personal information controllers. Therefore, based on the results of the comparative analysis of this study and suggestions on improvement direction of the law related to personal information protection, it is expected that it will contribute to the overall inspection and improvement of the law related to personal information protection in South Korea.

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An Efficient VM-Level Scaling Scheme in an IaaS Cloud Computing System: A Queueing Theory Approach

  • Lee, Doo Ho
    • International Journal of Contents
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    • v.13 no.2
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    • pp.29-34
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    • 2017
  • Cloud computing is becoming an effective and efficient way of computing resources and computing service integration. Through centralized management of resources and services, cloud computing delivers hosted services over the internet, such that access to shared hardware, software, applications, information, and all resources is elastically provided to the consumer on-demand. The main enabling technology for cloud computing is virtualization. Virtualization software creates a temporarily simulated or extended version of computing and network resources. The objectives of virtualization are as follows: first, to fully utilize the shared resources by applying partitioning and time-sharing; second, to centralize resource management; third, to enhance cloud data center agility and provide the required scalability and elasticity for on-demand capabilities; fourth, to improve testing and running software diagnostics on different operating platforms; and fifth, to improve the portability of applications and workload migration capabilities. One of the key features of cloud computing is elasticity. It enables users to create and remove virtual computing resources dynamically according to the changing demand, but it is not easy to make a decision regarding the right amount of resources. Indeed, proper provisioning of the resources to applications is an important issue in IaaS cloud computing. Most web applications encounter large and fluctuating task requests. In predictable situations, the resources can be provisioned in advance through capacity planning techniques. But in case of unplanned and spike requests, it would be desirable to automatically scale the resources, called auto-scaling, which adjusts the resources allocated to applications based on its need at any given time. This would free the user from the burden of deciding how many resources are necessary each time. In this work, we propose an analytical and efficient VM-level scaling scheme by modeling each VM in a data center as an M/M/1 processor sharing queue. Our proposed VM-level scaling scheme is validated via a numerical experiment.