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On November 14, 2022, the National Assembly Research Service (NARS) held a seminar on “Direction of Personal Information Legislation in the Era of Digital Transformation” together with the Korea Legislation Research Institute, the Korea Personal Information Protection Law Association, and the Consumers Union of Korea. This seminar was held to derive desirable directions of legislative improvement for personal information protection and data utilization. The seminar was sponsored by Kim Jong-min and Yoon Chang-hyun, members of the National Assembly and the Personal Information Protection Commission.
In the first session, the direction of development of the personal information legislation was discussed from the perspective of information subject. Jeong Ji-yeon (Secretary General, Consumer Union of Korea) announced the results of an awareness survey on personal information, such as whether to confirm the details of consent, the reasons for non-confirmed cases, and opinions on customized advertisements. Oh Byung-il (CEO, Jinbo Network Center) talked about restoring individuals’ free will and options, such as reorganizing the legal grounds for processing personal information, expanding the information subject's right to be notified, revising exceptions to provision to third parties for criminal investigation purposes, establishing rules on rights such as exclusion from automated decision-making, and resolving the exactness of law of the Credit Information Act.
In the second session, trends in domestic and foreign personal information legislation were introduced and legislative implications were examined. Jang Won-gyu (Research Fellow, Korea Legislation Research Institute) suggested that the current status of legislation in individual countries in the EU (such as Germany) should be analyzed focusing on ‘dark patterns’ and cookies, and strengthen control over dark patterns as the consent of the information subject is the core of the authority, and users should be able to check whether or not they consent to cookie settings and make it easy to change them any time. Kim Beop-yeon (Research Professor, Korea University) analyzed the proposed personal information related bills in terms of guaranteeing the right to personal data self-determination in accordance with new technology development and service changes, personal information protection in criminal investigations, public welfare and life protection in terms of preparing the basis for sharing personal information, strengthening data access rights for the purpose of vitalizing the data industry, data systems in the e-learning industry and digital healthcare and culture, and conceptualization of data property rights.
In the third session, under the theme of new technology development and personal information, personal information protection technology was diagnosed and the direction of the personal information regulatory system according to the new technology was discussed. Kim Byung-pil (Professor, KAIST) introduced differential privacy, federated learning, homomorphic encryption, and synthetic data technologies to improve the level of personal information protection, and suggested that to embrace new technologies, the identifiability of the information subject in processing is more important than the identifiability of the information subject of the target information. Kang Tae-wook (Attorney, Bae, Kim & Lee) said, “After examining the regulatory status and personal information issues in major countries for artificial intelligence, autonomous driving, metaverse, and smart healthcare, we need to collect sufficient opinions for legislative measures for the advancement of new technologies, such as measures to expand the possibility of recognizing various legal grounds beyond the consent-oriented regulatory system.”
In the fourth session, Choi Kyung-jin (Professor, Gachon University) participated as the moderator, with Kim Bum-soo (Professor, Yonsei University), Kim Sung-cheon (Director, Consumer Law Research Institute), Park So-young (Legislative Research Officer, NARS), Ahn Jung-min (Professor, Hallym University), Lee Byung-nam (Manager, Personal Information Protection Commission), Jeong Won-joon (Associate Research Fellow, Korea Legislation Research Institute) and Choi Gyung-suk (Professor, Ewha Womans University) participating as panelists. The panelists engaged vigorously in discussion on the direction of development of personal information legislation in the era of digital transformation.
With the public demanding relief from anxiety about infringement of personal information and the industry demanding the use of data for future development, this seminar served as a meaningful venue to discuss the ambivalent tasks and present both the public's perspective and the policy direction in new technology.
In the first session, the direction of development of the personal information legislation was discussed from the perspective of information subject. Jeong Ji-yeon (Secretary General, Consumer Union of Korea) announced the results of an awareness survey on personal information, such as whether to confirm the details of consent, the reasons for non-confirmed cases, and opinions on customized advertisements. Oh Byung-il (CEO, Jinbo Network Center) talked about restoring individuals’ free will and options, such as reorganizing the legal grounds for processing personal information, expanding the information subject's right to be notified, revising exceptions to provision to third parties for criminal investigation purposes, establishing rules on rights such as exclusion from automated decision-making, and resolving the exactness of law of the Credit Information Act.
In the second session, trends in domestic and foreign personal information legislation were introduced and legislative implications were examined. Jang Won-gyu (Research Fellow, Korea Legislation Research Institute) suggested that the current status of legislation in individual countries in the EU (such as Germany) should be analyzed focusing on ‘dark patterns’ and cookies, and strengthen control over dark patterns as the consent of the information subject is the core of the authority, and users should be able to check whether or not they consent to cookie settings and make it easy to change them any time. Kim Beop-yeon (Research Professor, Korea University) analyzed the proposed personal information related bills in terms of guaranteeing the right to personal data self-determination in accordance with new technology development and service changes, personal information protection in criminal investigations, public welfare and life protection in terms of preparing the basis for sharing personal information, strengthening data access rights for the purpose of vitalizing the data industry, data systems in the e-learning industry and digital healthcare and culture, and conceptualization of data property rights.
In the third session, under the theme of new technology development and personal information, personal information protection technology was diagnosed and the direction of the personal information regulatory system according to the new technology was discussed. Kim Byung-pil (Professor, KAIST) introduced differential privacy, federated learning, homomorphic encryption, and synthetic data technologies to improve the level of personal information protection, and suggested that to embrace new technologies, the identifiability of the information subject in processing is more important than the identifiability of the information subject of the target information. Kang Tae-wook (Attorney, Bae, Kim & Lee) said, “After examining the regulatory status and personal information issues in major countries for artificial intelligence, autonomous driving, metaverse, and smart healthcare, we need to collect sufficient opinions for legislative measures for the advancement of new technologies, such as measures to expand the possibility of recognizing various legal grounds beyond the consent-oriented regulatory system.”
In the fourth session, Choi Kyung-jin (Professor, Gachon University) participated as the moderator, with Kim Bum-soo (Professor, Yonsei University), Kim Sung-cheon (Director, Consumer Law Research Institute), Park So-young (Legislative Research Officer, NARS), Ahn Jung-min (Professor, Hallym University), Lee Byung-nam (Manager, Personal Information Protection Commission), Jeong Won-joon (Associate Research Fellow, Korea Legislation Research Institute) and Choi Gyung-suk (Professor, Ewha Womans University) participating as panelists. The panelists engaged vigorously in discussion on the direction of development of personal information legislation in the era of digital transformation.
With the public demanding relief from anxiety about infringement of personal information and the industry demanding the use of data for future development, this seminar served as a meaningful venue to discuss the ambivalent tasks and present both the public's perspective and the policy direction in new technology.
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