Abstract
Similar to European legislation, Korea stipulates six legal requirements for personal information processing. However, in the private sector, most personal information processing in practice is almost always dependent on the consent of the information subject. However, such strict consent-based enumerated legal requirements may lead to a situation in which legitimate personal information processing requests required in the changing data processing environment cannot be realistically accommodated. The “legitimate interest of the personal information processor,” the most flexible of the six legal requirements, is also difficult to utilize in reality due to the strictness of interpretation, etc., without the specific criteria for judgment being presented. Therefore, in this study, the limits and problems of the legal requirements for personal information processing applicable in the private sector were reviewed. And based on the cases of the EU and the UK, as a criterion for judging the 'legitimate interest of the personal information processor', the three-step judgment criteria, that is, 'i) legitimate interest purpose, ii) necessity of personal information processing, iii) balance judgment Criteria' and its detailed items were derived.
| Translated title of the contribution | A Review of Limitations and Improvement Tasks of the Requirements for ʻLegitimate Interests of Personal Information Processorʼ - Focusing on comparison and analysis with EU regulations - |
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| Original language | Korean |
| Pages (from-to) | 240-272 |
| Number of pages | 33 |
| Journal | 법조 |
| Volume | 72 |
| Issue number | 3 |
| DOIs | |
| State | Published - 2023 |