미국 ‘데이터 브로커’ 제도의 국내법적 함의

The processing of data (including personal information) based on big data and artificial intelligence, such as corporate recruiting and forecasting of criminals in the country, is complicated by mathematical formulas, making it difficult for the public to understand. The opacity of this process makes it difficult for an personal information subject to object to the processing results of personal information. In the United States, this phenomenon has already become commercially available through 'data brokers' before technologies such as artificial intelligence or Big Data are introduced. The data broker industry in the United States has already held integrated personal information as an asset prior to the adoption of the Personal Information Legislation Act. Recently, the advancement of data analysis technology based on Big Data and Artificial Intelligence has increased their use of personal information. This study examines the status of data brokers in the United States and the disciplinary law, and draws implications for the direction of personal information discipline in Korea. First of all, the data broker in the United States is a personal information processor under our law. However, our law requires clear consent beforehand from the information subject for the processing of personal information in the private sector. In the meantime, US data brokers have collected and accumulated personal information for almost 100 years without the prior consent of the subject, and as such, it is virtually impossible for a domestic personal information processor to conduct a data broker business such as the United States. The United States is currently pushing legislation to regulate data brokers. However, in the case of the Vermont State Act, which is the first regulatory law, it is necessary to provide a certain obligation in the process of personal data processing of data brokers, rather than the regulation based on the consent of the information subject. Several legislative proposals have been proposed to regulate data brokers at the federal level, but no legislation has been passed so far. Perhaps it is not easy to implement such a bill because of the burden on the already established data broker industry and the importance of data utilization in the technological transformation of the fourth industrial revolution.
Given the fact that all the core technologies and services required to achieve the Fourth Industrial Revolution are data-based, it is also difficult to enforce data norms within the physical "border" due to the nature of the data (non-exclusivity / non-dominance) It is necessary to seek a fundamental change in the direction of discipline on collective data. Even without mentioning US data brokers, certain companies in the telecommunications, finance, and healthcare sectors are already collecting personal information from almost everyone. In this situation, 'collecting' - based discipline system is inevitably vulnerable to the privacy of information subjects. Therefore, it is necessary to establish systems for guaranteeing fairness in the processing process after collection of personal information, such as introduction of supervision to ensure fair treatment in the use and provision of personal information. We should prevent disadvantages to the subject of information due to the processing of biased data and supervise the processing of personal information for unfair discrimination and unequal treatment. In addition, it is more realistic to guarantee the rights of information subjects to ensure fair contracts related to personal information processing through examination of strict terms rather than strict prior agreement.