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The APEC CBPR’s Legal Character and the Influence

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 63(), pp.417-435
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Sunje Sung 1

1서울과학종합대학원대학교

Accredited

ABSTRACT

This paper would explore the process of discussion on APEC CBPR(Cross Border Privacy Rules) and its legal character and the influence to Korea’s personal information protection. It also looks at the development of APEC CBPR and the issues which are represented by four step approach: self-assessment, compliance, recognition, and dispute resolution and enforcement. CBPR is not the treaties nor generally recognized rules of international law under the Article 6 of the Korean Constitution. It is a voluntary and advisory opinion so that it has not the power to control the domestic law. It has, however, affected to legal and institutional aspect since the world is opened in political and social aspect and changed to global economy. It also would examine the potential influence to us in process of the development of CBPR. First, CBPR discussion could affect the amendment of the Personal Information Protection Act, Information Network Act, and other relevant provisions of the acts. Second, it is possible to transfer financial transaction information and IT systems to foreign nations by the Korea-US Free Trade Agreement and the Korea-EU Free Trade Agreement. Third, CBPR would encourage member state to set up national model in order to transfer safely and smoothly and so that it is likely to adopt a model contract. Fourth, the electronic commerce which are important factors to personal information would be boosted and it could be an opportunity which the financial industry will be internationalized and enlarged. However, the negative impact on the collection and use of personal information systems could be revealed with the nature of the country compared to other countries.

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