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A New Approach on Data Sovereignty and Data Protection Focusing on Discussions in the US and Europe

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(1), pp.157-206
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : February 1, 2023
  • Accepted : February 25, 2023
  • Published : February 28, 2023

Jongho Kim 1

1호서대학교

Accredited

ABSTRACT

How should we define the legal status of a data subject (person) demanding something from a country or platform? Recently, the term ‘data sovereignty’ has been used frequently, but in the absence of a unified correct terminology, each claimant is using the term according to their own thoughts. In telecommunications, it needs to be reviewed in contrast to the aspect of national sovereignty. Some people use ‘data sovereignty’ in terms of control of data, but be careful as it is not used as such in Europe. In this study, I consider that “the issue of digital sovereignty is a step towards a new system of Internet governance.” This is where the concept of digital sovereignty is born. Currently, real-time information is circulating around the world, and the issue of data processing in foreign countries is attracting attention as an issue of international law. I think that issues like this should be discussed from the perspective of data sovereignty. Surprisingly, when this issue is summarized to form a paper, the issue of personal information protection has been sufficiently reviewed and discussed. However, I realized that the term ‘data sovereignty’ is not being seriously discussed in Korea. If individuals search for the right to control their data, ‘data sovereignty and the road to true information governance’, ‘who owns social media data’, what are the new rules for data sovereignty starting in Europe? A number of issues are emerging one after another. The former is the concept that data sovereignty is converted into a binary digital format and subject to the laws of the country where such information is stored. Most of the current concerns about data sovereignty relate to enforcing privacy regulations and circumventing production orders for data stored abroad. The latter is the supplier’s rights over the data, i.e., data sovereignty. However, I think someone will be criticized if he/she do not understand how it differs from data control authority. However, these considerations are criticized for being confusing because they are based on this definition and are seen as ‘protecting the sovereignty of their own data’ from the point of view of States. It is necessary to review whether this approach is suitable for the issue of protecting data sovereignty as a Korean. “Digital sovereignty is the use of technology and computer networks to control our present and destiny.” From this point of view, a discourse on the legal issues surrounding data sovereignty was developed.

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