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A Study on Scope of Personal Information and Its Use

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 69(), pp.91-116
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

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1건국대학교

Accredited

ABSTRACT

In Smart era, Internet and SNS have become an indispensable part of our lives. 'Big Data' has also become more important since large volumes of data are analyzed and used every days. Thus, many countries of the world are driving forward the big data strategy, and Korea strives for enhancement of national competitiveness based on big data as well. Unfortunately, there is a high potential risk of privacy violation in the era of big data. Accordingly, personal information protection faces a major turning point, and there is a vigorous discussion in terms of a new concept of personally identifiable information in both EU and the United States. It is absolutely necessary to figure out which information is personal data since personal data is a central concept in personal information protection. Simply, redefining the concept of personal data is required in order to fit for change of paradigm. Therefore, this essay analyzes and studies the approach ways to the concept of personal information in the United States and EU for important implications. Based on it, this essay considers legal issues concerning definition of personal data in current legislation in terms of personal information protection. Ultimately, the essay suggests both improvement direction about the concept of personal information and safe way to use of personal data. It is important to protect the rights to privacy of 'data subject' and to ensure activities of 'data processor' since big data is ineluctable worldwide trend. Thus, it is necessary to establish the concept of personal data that reflects the feature of big data. Clear criterion regarding Personally Identifiable Information(PII) should be set up for it. In addition, the degree of protection should be different depends on the type of personal data in order to use personal data. Development of Technology has been increasing possibility of privacy infringement, but also enhancing chance of safe use of personal data. Hence, we need a balance between protection and use of personal data for it.

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