• 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.

• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.113-120
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• 2021

The adoption of the General Data Protection Regulation (EU) 2016/679 transformed approaches and concepts to the implementation of the personal data protection mechanism in the European Union. Within the EU, almost all countries have adapted a new protection mechanism, which requires a study of the specifics of its use. The article intends to assess the legal provisions of the current mechanism of personal data protection in the EU. The author studied the mechanism of personal data protection under the General Data Protection Regulation (EU) 2016/679 (GDPR) based on the concept of contextual integrity and analysis of EU legislation on personal data protection. The scientific publications for 2016-2020 were reviewed for the formation of ideas of a new personal data protection mechanism in the EU, informative and transparent analysis of legal provisions. The article notes that the personal data privacy and protection is increasing, there is an ongoing unification of the legal status of personal data protection and the formation of a digital market for dissemination, exchange, control, and supervision of data. Cross-border cooperation is part of the personal data protection mechanism. The author proved that the GDPR has changed approach to personal data protection: the emphasis is now shifting to the formation of a digital market, where the EU's role in ensuring regulation is crucial. The article identifies the emergence of a new protectionist legal system and strengthening of legal provisions regarding privacy. This legal system needs unification and harmonization in accordance with national legislation, is territorially fragmented and differentiated within the EU.

• Journal of Advanced Navigation Technology
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• v.26 no.4
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• pp.244-248
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• 2022

The various digital services that people are experiencing recently are bringing about changes in the daily lives, and these changes are due to the spread of the Fourth Industrial Revolution. The 4th Industrial Revolution is based on the development of ICT technology, and ICT technology inevitably generates issues such as the use and protection of personal information as well as the use of public data. Accordingly, countries around the world are making efforts to revitalize new industries by wisely solving conflicting issues between the use and protection of personal information through legislation. There are some differences in the protection and use of personal information in Korea, the United States, and the EU. Korea trys to make the legislation that prioritizes the use of data, and the United States establishes individual laws governing the protection of personal information by sector, while the EU has clarified the strengthening personal information protection. This paper aims to find out how personal information protection is defined in Korea, the United States, and the EU through enacted laws and organize the direction of the future policies.

• Journal of Korea Society of Digital Industry and Information Management
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• v.18 no.1
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• pp.37-45
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• 2022

With the development of the 4th industry, big data using AI is being used in many areas of our lives, and the importance of data is increasing accordingly. In particular, as various services using personal information appear and hacking attacks that exploit them appear in various ways, the importance of personal information management is increasing. Personal information must be managed safely even when collecting, retaining, using, providing, and destroying personal information, and the rights of information subjects must be protected. In this paper, an analysis was performed on the notification of usage history during the protection of the rights of information subjects using the MyData model. According to the Personal Information Protection Act, users must be periodically notified of the use of personal information, so we notify each individual of the use of personal information through e-mail or SNS once a year. It is difficult to understand and manage which company use my personal information. Therefore, in this paper, a personal information usage history notification system model was proposed, and as a result of performance analysis, it is possible to provide the controllability, availability, integrity, source authentication, and personal information self-determination rights.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.359-395
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• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

• Journal of Information Technology Services
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• v.22 no.6
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• pp.1-15
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• 2023

This study compares and analyzes the legal systems of Korea, the European Union, China, and the United States based on the disclosure principles and processing policies for personal data processing and provides references for seeking improvements in our legal system. Furthermore, this research aims to suggest institutional implications to overcome data transfer limitations in the upcoming digital economy. Findings on a comparative analysis of the relevant legal systems for disclosing privacy policies in four countries showed that Korea's privacy policy is under the eight principles of privacy proposed by the OECD. However, there are limitations in the current situation where personal information is increasingly transferred overseas due to direct international trade e-commerce. On the other hand, the European Union enacted the General Data Protection Regulation (GDPR) in 2016 and emphasized the transfer of personal information under the Privacy Policy. China also showed differences in the inclusion of required items in its privacy policy based on its values and principles regarding transferring personal information and handling sensitive information. The U.S. CPRA amended §1798.135 of the CCPA to add a section on the processing of sensitive information, requiring companies to disclose how they limit the use of sensitive information and limit the use of such data, thereby strengthening the protection of data providers' rights to sensitive information. Thus, we should review our privacy policies to specify detailed standards for the privacy policy items required by data providers in the era of digital economy and digital commerce. In addition, privacy-related organizations and stakeholders should analyze the legal systems and items related to the principles of personal data disclosure and privacy policies in major countries so that personal data providers can be more conveniently and accurately informed about processing their personal information.

• Journal of Legislation Research
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• no.53
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• pp.177-211
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• 2017

In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

• The Journal of Korea Institute of Information, Electronics, and Communication Technology
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• v.15 no.2
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• pp.134-143
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• 2022

'Data' is the key component that leads Digital Healthcare. Most of the Healthcare Data is personal information of data subject and includes Sensitive Information. It is very important for companies to use data lawfully and safely during the lifecycle of data collection, use, provision, and destruction. However, small and medium-sized enterprises(SMEs), ventures, and startups, which account for 78% of the Healthcare Services Industry, have had difficulties in performing tasks related to personal information protection. The personal Information Protection Act's requirements depending on the purpose of using Personal Information are different. Also, the requirements for each personal information lifecycle are varied. Therefore, this study suggests six purposes for companies to use healthcare data. It examines the considerations during the lifecycle in which personal information is collected to be destroyed.

• 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.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.29 no.5
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• pp.1117-1132
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• 2019

Recently, IT technology such as internet, mobile, and IOT has rapidly developed, making it easy to collect data necessary for business, and the collected data is analyzed as a new method of big data analysis and used appropriately for business. In this way, data collection and analysis becomes easy. In such data, personal information including an identifier such as a sensor id, a device number, IP address, or the like may be collected. However, if systematic management is not accompanied by collecting and disposing of large-scale data, violation of relevant laws such as "Personal Data Protection Act". Furthermore, data quality problems can also occur and make incorrect decisions. In this paper, we propose a new data governance maturity model(DGMM) that can identify the personal data contained in the data collected by companies, use it appropriately for the business, protect it, and secure quality. And we also propose a over all implementation process for DG Program.