News and developments
Second Major Amendment to the Personal Information Protection Act Passed by National Assembly (III)
The legislative purpose of the Amended PIPA is to facilitate the use of personal information while strengthening the protection of data subjects’ rights and ensuring compatibility and interoperability with the global regulatory regime in the advent of the digital economy. Accordingly, the Amended PIPA contains some significant changes in terms of substance.
In a series of 3 newsletters, which will be circulated in short succession, we will take a closer look at some of the key provisions of the Amended PIPA as set out below.
In this third newsletter, we review the key provisions of the Amended PIPA relating to the right to data portability.
If you have any questions regarding this article, please contact below: Kwang Bae PARK ([email protected]) Jongsoo (Jay) YOON ([email protected]) Hwan Kyoung KO ([email protected]) Sunghee CHE ([email protected]) Kyung Min SON ([email protected]) For more information, please visit our website: www.leeko.com
l Newsletter No. 1: Provisions relating to the processing of personal information in general - Unification of data protection rules applying to offline and online businesses - Revamping of provisions relating to administrative penalties and criminal penalties - Easing of requirements for the processing of personal information - Revamping of provisions relating to the mediation of disputes involving personal information l Newsletter No. 2: Provisions relating to the processing of special categories of personal information - Revamping of provisions relating to visual information processing devices - Introduction of rights relating to automated decision-making - New rules for cross-border transfers of personal information l Newsletter No. 3: Provisions relating to the right to data portability |
- Establishment of new provisions relating to the right to data portability
- the personal information must have been (i) processed based on the consent of the data subject; (ii) processed to perform a contract executed with the data subject or to implement measures requested by the data subject in the course of executing the contract; or (iii) designated by the Personal Information Protection Commission (the PIPC) pursuant to a request from a central administrative agency for the data subject’s or public interest in cases where the transmission thereof is permitted by or unavoidably necessary for compliance with law; is unavoidably necessary for a public institution to conduct its statutorily prescribed tasks; or concerns sensitive information or unique identification information and its processing is permitted or required by law; and
- the personal information must have been processed by an information processing device such as a computer.
- Implications
If you have any questions regarding this article, please contact below: Kwang Bae PARK ([email protected]) Jongsoo (Jay) YOON ([email protected]) Hwan Kyoung KO ([email protected]) Sunghee CHE ([email protected]) Kyung Min SON ([email protected]) For more information, please visit our website: www.leeko.com