• Title/Summary/Keyword: Personal Information Protection Act

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A Research on Institution's Countermeasure for Personal Information Protection Act Based on the Examples of Performing the Privacy Impact Assessment (개인정보 영향평가 수행 사례에 기반한 기관의 개인정보보호법 대응방안에 관한 연구)

  • Cho, Sung Kyu;Jun, Moon Seog
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.8 no.1
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    • pp.89-98
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    • 2012
  • According to the enforcement of Personal Information Protection Act as of September 2011, the laws and regulations for the protection of personal information that were applied only to the certain sectors such as information & communication network, financial institutions, public sector etc. for the time being has been expanded to apply to all public and private sectors to process personal information. In particular, because the public institutions are obliged to be mandatorily conducted of the Privacy Impact Assessment, it will be enforced in earnest for each agency's informationization business that handles personal information. In this paper, I examine the most derived vulnerability and set up the improvement measure to supplement it with the examples of 10 of all the institutions conducting the Privacy Impact Assessment in the year 2011. And, I suggest the measures to be prepared by the institutions to observe the Personal Information Protection Act.

MyData Personal Data Store Model(PDS) to Enhance Information Security for Guarantee the Self-determination rights

  • Min, Seong-hyun;Son, Kyung-ho
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.16 no.2
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    • pp.587-608
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    • 2022
  • The European Union recently established the General Data Protection Regulation (GDPR) for secure data use and personal information protection. Inspired by this, South Korea revised their Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Credit Information Use and Protection Act, collectively known as the "Three Data Bills," which prescribe safe personal information use based on pseudonymous data processing. Based on these bills, the personal data store (PDS) has received attention because it utilizes the MyData service, which actively manages and controls personal information based on the approval of individuals, and it practically ensures their rights to informational self-determination. Various types of PDS models have been developed by several countries (e.g., the US, Europe, and Japan) and global platform firms. The South Korean government has now initiated MyData service projects for personal information use in the financial field, focusing on personal credit information management. There is also a need to verify the efficacy of this service in diverse fields (e.g., medical). However, despite the increased attention, existing MyData models and frameworks do not satisfy security requirements of ensured traceability, transparency, and distributed authentication for personal information use. This study analyzes primary PDS models and compares them to an internationally standardized framework for personal information security with guidelines on MyData so that a proper PDS model can be proposed for South Korea.

Keywords Analysis on the Personal Information Protection Act: Focusing on South Korea, the European Union and the United States

  • Park, Sung-Uk;Park, Moon-Soo;Park, Soo-Hyun;Yun, Young-Mi
    • Asian Journal of Innovation and Policy
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    • v.9 no.3
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    • pp.339-359
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    • 2020
  • The policy change in the Data 3 Act is one of the issues that should be noted at a time when non-face-to-face business strategies become important after COVID-19. The Data 3 Act was implemented in South Korea on August 5, 2020, calling 'Big Data 3 Act' and 'Data Economy 3 Act,' and so personal information that was not able to identify a particular individual could be utilized without the consent of the individual. With the implementation of the Data 3 Act, it is possible to establish a fair economic ecosystem by ensuring fair access to data and various uses. In this paper, the law on the protection of personal information, which is the core of the Data 3 Act, was compared around Korea, the European Union and the United States, and the implications were derived through network analysis of keywords.

Study on the Association between Personal Information Protection Legislation and Information Security Product (개인정보보호 관련 법령의 내용과 보안제품 분포간의 연관성 분석)

  • Kim, Min-Jeong;Lee, Jung Won;Yoo, Jinho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.25 no.6
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    • pp.1549-1560
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    • 2015
  • For the past few years, personal information breach incidents, great and small, occurred constantly. Accordingly, the Personal Information Protection related Ordinances are enacted and amended persistently, and the information security products also keep advancing and developing in the same way. There are the certification systems such as Common Criteria Evaluation and Validation(CC) and Korea Cryptographic Module Validation Program(KCMVP) for the information security products. These are also strictly carried out. This paper analyzes and categorizes the 5 Personal Information Protection related Ordinances in the aspects of technical protection measures by using key words. Here are the 5 related ordinances; 'the Personal Information Protection Act', 'the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc', 'the Act on the Protection, Use, Etc, of Location Information', 'the Use and Protection of Credit Information Act', and 'the Electronic Financial Transactions Act.' Moreover, this study analyzes the association between the technical protection measures in the 5 relevant laws and the information security products that are obtaining the CC Evaluation & Validation(CC) and the products that are now produced at KISIA's member companies.

An Analysis of Recognition on Personal Information Protection among Healthcare Administration Students in the Information Society (정보사회에서 보건행정 전공 대학생들의 개인정보보호에 대한 인지 분석)

  • Kim, Ji-On;Park, Ji-Kyeong
    • Journal of Digital Convergence
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    • v.12 no.5
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    • pp.325-334
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    • 2014
  • The purpose of this study was to examine the recognition of health administration students on personal information protection in an effort to be of use for raising awareness of personal information protection in students and for having them practice it in the right way. The subjects in this study were 687 college students who majored in health administration. A survey was conducted from December 3, 2012, to June 21, 2013. As a result, it's found that just 17.2 percent were cognizant of the personal information protection act. As for recognition and practice of personal information protection domain, the students who were aware of the personal information protection act significantly excelled the others who weren't in every area of recognition and practice, and there was a positive correlation between the level of practice, as better recognition led to better practice. The awareness rate of information for a personal identification stood at 57.0 percent, and the awareness rate of personal information to be managed stood at 53.7 percent, which were both at an intermediate level. To raise awareness of the personal information protection act in health administration students, a course that can deal with this act should separately be offered so that they could have the right understanding of personal information protection and practice it properly.

Legal Issues of Blockchain in Personal Information Protection : Based on GDPR and Personal Information Protection Act (개인정보보호법제 관점에서 본 블록체인의 법적 쟁점 GDPR 및 국내 개인정보보호법을 바탕으로)

  • Park, Minjung;Chai, Sangmi;Lee, Myoung Jun
    • Journal of Information Technology Applications and Management
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    • v.25 no.2
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    • pp.133-146
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    • 2018
  • The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.

Overview of Personal Information Protection Act in Korea (개인정보보호법의 개관 및 개정방향에 관한 연구)

  • Kim, Ilhwan;Sung, Jaeho
    • Journal of Internet Computing and Services
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    • v.16 no.4
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    • pp.141-148
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    • 2015
  • The Personal Information Protection Act enacted in March 2011 stated that the application target of this law includes all personal information processors in the public and private sector, and established the protection standard by phase such as collection, use and provision of personal information. There was an introduction of the Privacy Impact Assessment system that enables personal information processors to perform impact assessment autonomously if there are great concerns over the fact that making and expanding personal information files will influence the protection of personal information, while also making impact assessment compulsory for public institutions in specific reasons with great concerns for violating the rights of the subjects of information. This Act still has the problem that it is generally difficult to understand. This paper deals with the Korean legal practices about the personal information protection with regard to ambiguity and promotional system.

Personal Information Protection in Digital Era -Reviewing Personal information protection Act- (디지털시대의 개인정보보호 - 새로운 개인정보보호법을 중심으로)

  • Yoo, Jong-Lak
    • Journal of Digital Convergence
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    • v.9 no.6
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    • pp.81-90
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    • 2011
  • Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

The Legal Justice of Conferring Criminal Negligence on Chief Privacy Officers(CPO) (개인정보관리자의 책임과 벌칙의 형평성)

  • Kim, Beom-Soo
    • Journal of Information Technology Services
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    • v.10 no.4
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    • pp.21-32
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    • 2011
  • The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

The Protecton of Privacy on Secondary Use of Personal Health Imformation (의료기관 개인건강정보의 이차적 이용)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.117-143
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    • 2010
  • Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

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