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Legal Study on the Right to Informational Self-Determination in the Fourth Industrial Revolution

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 80(), pp.143-165
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee, Jehee 1

1한국경제연구원

Accredited

ABSTRACT

The Fourth Industrial Revolution is based on the connections between humans and things. These connections can offer a variety of new services and produce new customer benefits. The success of the Fourth Industrial Revolution depends on information utilization, especially personal information. It is therefore important to achieve harmony between policies regarding the protection and utilization of information. Information protection ensures the right to informational self-determination, meaning that an individual is able to control the disclosure or use of their own personal information. Consent to provide information is valid if it is based on a rational, mindful decision. However, because of the diverse uses of personal information, it is difficult for an individual to understand how their personal information is utilized and what, if any, influence its use may have on them. Additionally, when an individual wants to use essential services such as e-mail or a social network service (SNS), the individual’s ability to make choices are so restricted that their right to informational self-determination is limited. Prior consent for disclosure or use of personal information given by an individual needs to be flexible in order to better protect such information and allow for its utilization. For example, in the case of essential services or improvement of services, prior consent needs to be changed to post consent to strengthen the individual’s right to informational self-determination. To alter the consent system in this manner, the individual’s right to object to the processing of their personal information must first be enhanced. Further, compensation for damages related to the use of personal information obtained without such consent must be extended to offer more substantial information protection. The European Union (EU) regulates general data protection to protect and promote the free movement of personal information. General Data Protection Regulation (GDPR) grants rights to individuals, including the right to be forgotten and the right to data portability, which are not included in the Korean Personal Information Protection Act. The right to be forgotten is aimed at strengthening an individual’s right to erase their personal data. The right to data portability supports individual rights and promotes competition in the market. Both rights have to be regulated to strengthen individuals’ power to control disclosure and utilization of their own personal information.

Citation status

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