본문 바로가기
  • Home

A Reconsideration of the Consent Principle in the Collection and Use of Personal Data by a Private Entity

  • Informatization Policy
  • Abbr : 정보화정책
  • 2009, 16(4), pp.113-126
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

Chung, Chan-Mo 1 이창범 2

1인하대학교
2한국정보보호진흥원

Accredited

ABSTRACT

Data processors collect, use, database, manipulate, transfer, renew and remove personal data from the file. This article compares the rules of major legal regimes concerning the collection of personal data. Principles concerning personal data protection have been continuously strengthened in Korea over the last ten years. However, the value of personal data processing has not been adequately considered. This resulted in the very high level of protection in excess of international standard and the huge gap between the law and the practice. Based on critical reflections of the present situation, this article suggests that the constraints including the requirements of explicit consent of the data subject on collection and internal use of personal data should be lowered. Opt-out would be the appropriate system for consumer choice. The constraints on database integration and transfer to third parties should be leveled up as the concerns over misuse of the database increase. The opt-in system would be appropriate at this stage of data processing. Measures should be taken to get the data subject informed of data leakage.

Citation status

* References for papers published after 2023 are currently being built.