• Title/Summary/Keyword: the Personal Data Protection Law

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An Exploratory Study on the impact of EU Adequacy Decision on GDPR compliant companies (EU 적정성 결정이 GDPR 대상기업에 미치는 영향에 관한 탐색적 연구)

  • Kim, YoungSoo;Chang, Hangbae
    • Journal of Platform Technology
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    • v.9 no.4
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    • pp.32-41
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    • 2021
  • The EU enacted a law strongly regulating the GDPR to protect the privacy of its citizens on 25 May 2018. Compliance with GDPR is an essential prerequisite for companies to enter the European market in the global economic era. In this paper, Step-by-step measures have been defined to conclude DPA agreements for the appropriate level of protection against EU personal data transfer. To explore the benefits and expected effects of determining appropriateness at the government level. As a result, enterprises benefit from simplifying processes, reducing time, and reducing costs when entering the EU. Government-level support in response to personal data breach and communication with the EU Commission will have a positive impact, However, even after the adequacy decision, the entity continues to need activities to secure personal data through compliance with GDPR principles and obligations. Major operations of companies that comply with GDPR are also maintained as important tasks that must be observed in most cases except for the Data Protection Agreement.

Improving Legislation on the use of Healthcare Data for Research Purposes (보건의료 빅데이터의 연구목적 사용에 대한 법제 개선방안)

  • Park, Dae Woong;Jeong, Hyun Hak;Jeong, Myung Jin;Ryoo, Hwa Shin
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.315-346
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    • 2016
  • With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.

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Technical Architecture for Implementation and Adoption of Database Encryption Solution (데이터베이스 암호화 솔루션 구현 및 도입을 위한 기술적 아키텍처)

  • Lee, Byoung-Yup;Lim, Jongtae;Yoo, Jaesoo
    • The Journal of the Korea Contents Association
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    • v.14 no.6
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    • pp.1-10
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    • 2014
  • Through the development of internet mobile devices and online business activation, sensitive data of unspecified user is being easily exposed. In such an open business environment, the outflow of sensitive personal information has often been remarked on recently for which adoption of encryption solution for database became top priority in terms of importance. In 2011, government also legislated for the protection of personal information as an information network law, and is now applying the law to a variety of industries. Firms began to comply with these regulations by establishing various measures for protection of personal information and are now quickly introducing encryption solution to reinforce security of personal information they are managing. In this paper, I present architecture and technological parts that should be considered when introducing security solution.

Research on technical protection measures through risk analysis of pseudonym information for life-cycle (가명정보 Life-Cycle에 대한 위험 분석을 통한 관리적/기술적 보호조치 방안에 대한 연구)

  • Cha, Gun-Sang
    • Convergence Security Journal
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    • v.20 no.5
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    • pp.53-63
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    • 2020
  • In accordance with the revision of the Data 3 Act, such as the Personal Information Protection Act, it is possible to process pseudonym information without the consent of the information subject for statistical creation, scientific research, and preservation of public records, and unlike personal information, it is legal for personal information leakage notification and personal information destruction There are exceptions. It is necessary to revise the pseudonym information in that the standard for the pseudonym processing differs by country and the identification guidelines and anonymization are identified in the guidelines for non-identification of personal information in Korea. In this paper, we focus on the use of personal information in accordance with the 4th Industrial Revolution, examine the concept of pseudonym information for safe use of newly introduced pseudonym information, and generate / use / provide / destroy domestic and foreign non-identification measures standards and pseudonym information. At this stage, through the review of the main contents of the law or the enforcement ordinance (draft), I would like to make suggestions on future management / technical protection measures.

Improvement Plan to Expand the Role of Expert Data Combination Agency (결합전문기관의 역할 확대를 위한 개선방안)

  • GiBum Kim;Hun-Yeong Kwon
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.33 no.1
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    • pp.99-116
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    • 2023
  • The importance of data in the era of the 4th industrial revolution, a hyper-connected society based on information technology such as data and AI, is increasing, and the government is actively enacting and revising laws to revitalize the data economy. It is necessary to prevent and improve problems that may set an obstacle to the revitalization of the data industry or setting the wrong direction, such as possibility of conflict between the regulatory law(Personal Information Protection Act) and the Data Activation Act, differences in position by type of specialized agencies, performance scope of Data Specialist Organization and Expert Data Combination Agency, etc. In regard, I would like to analyze the role, current situation, and use cases of Expert Data Combination Agency, listen to field opinions, and derive and introduce measures to expand the role of Expert Data Combination Agency and improve them to vitalize the data economy

Collection of Location Data and Human Rights to Information projected onto the Apple Inc.'s Case (애플사(社)의 위치정보 수집과 정보인권)

  • LEE, Min-Yeong
    • Informatization Policy
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    • v.19 no.1
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    • pp.74-90
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    • 2012
  • This thesis analyzes the Apple Inc.'s case from the viewpoint of the necessity for the protection of information privacy related to location data as for information society and ubiquitous community. Meanwhile, the regulatory conformity to equilibrium of contradictional value between personal data protection and utilization of information is debated from the fundamental right as for constitutional law concept to the commercial and technological structure in terms of economic and business point. Therefore, this paper reaches the conclusion that the legislative system should form a harmonious relationship between legal protection and lawful utilization to reappraise the present condition of legalization on personal data protection from guaranteeing rights and interests of information subject in the perspective of human rights to information guarantee consequently. As a result, it is required to revaluate the lawfulness of the fine on the violation of administrative duty levied by KCC(Korea Communications Commission).

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De-identification of Medical Information and Issues (의료정보 비식별화와 해결과제)

  • Woo, SungHee
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2017.10a
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    • pp.552-555
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    • 2017
  • It is de-identification that emerged to find the trade-off between the use of big data and the protection of personal information. In particular, in the field of medical that deals with various semi-identifier information and sensitive information, de-identification must be performed in order to use medical consultation such as EMR and voice, KakaoTalk, and SNS. However, there is no separate law for medical information protection and legislation for de-identification. Therefore, in this study, we present the current status of de-identification of personal information, the status and case of de-identification of medical information, and finally we provide issues and solutions for medial information protection and de-identification.

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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 the EU Internet Privacy Protection Rules (EU의 인터넷 개인정보보호법에 관한 입구)

  • Kim, Eun-Mi
    • International Commerce and Information Review
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    • v.3 no.2
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    • pp.131-142
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    • 2001
  • IT 산업은 인터넷을 발달시킴으로써 새로운 경제 시대 (New Economic Era)를 열게 하였을 뿐만 아니라 민주주의제도의 발전가능성을 한층 더 앞당기는 계기를 마련하고 있다. 그러나 개인들은 그들의 개인정보가 국가기관이나 민간기관에 자신도 모르는 사이 누출되어 국가기관의 감시체제를 구축하거나 불공정한 상업적 목적으로 쓰일 수 있다는 우려 때문에 온라인상의 구매활동이나 정치활동을 주저하고 있다. 특히 유럽민족은 과거의 역사적인 사건들로 인해 개인정보 유출문제에 매우 민감하게 반응한다. 이러한 이유로 EU는 EU국가들 내에서의 인터넷관련 개인정보처리문제와 EU와 제3국간의 개인정보 이전 문제를 규정하는 지침을 1995년 재정하고 1998년부터 시행하고 있다. 동 지침은 또한 미국과의 정보이전협상인 safe harbor를 탄생시켰다. 본 고에서는 왜 개인정보 보호법이 필요한지 그 이유와 개인정보보호에 대한 국제적인 논의 그리고 EU의 개인정보지침 내용을 연구한다.

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A Linkage Analysis of ISMS-P and GDPR; Focused on Personal Information Protection (ISMS-P와 GDPR의 개인정보보호 부문 연계 분석)

  • Park, Minjung;Yu, Jieun;Chai, Sangmi
    • Journal of Information Technology Services
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    • v.18 no.2
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    • pp.55-73
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    • 2019
  • The importance of the personal information has been increased, there have been a lot of efforts to establish a new policy, certification or law for administrating personal information more effectively and safely. Korean government has operated ISMS and PIMS certification system to assess whether an organization has established and managed appropriate information security system or not. However, it has been addressed the needs for revising and modifying of PIMS and ISMS. It is evaluated there are a few overlapped criteria to assess information management system in both ISMS and PIMS. ISMS-P certification, combining with ISMS and PIMS, is, finally, suggested, in the recent. GDPR is established having an aim of primarily to give control to individuals over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU. This study compares GDPR and ISMS-P, focusing on "personal information". It can be expected to contribute as followings. This study can be a criterion for self-evaluation of possibility to violate of GDPR of a firm in preparation for ISMS-P. Second, this study also aims to increase the understanding of the role of ISMS-P and GDPR, among various certifications with the purpose of assessment of the information security management system, by reducing the costs required to obtain the unnecessary certification and alleviating the burden. Third, it contributes to diffusion of ISMS-P newly implemented in Korea.