Korean Privacy Law
Korean Personal Information Protection Act: An Overview
The Korean Personal Information Protection Act, also known as the PIPA, is a law that governs the collection, use, and management of personal information in South Korea.
As a member of the OECD, the Republic of Korea has been working to align its data protection laws with international standards. The PIPA is one of the most advanced data protection laws in the world, designed to protect the privacy rights of individuals while promoting the use of online technologies.
In this article, we'll provide an overview of the PIPA, including its major provisions and how it impacts individuals and organizations alike.
What is the PIPA?
The PIPA is a comprehensive legislation that governs the collection, use, and handling of personal information in Korea. It was enacted in 2011 to replace the previous Data Protection Act and is applicable to all private and public entities who collect, use, and handle personal information in their business operations.
The PIPA defines personal information as any information that can identify a specific individual, including but not limited to name, address, phone number, email, national identification number, and online identifiers.
What are the key provisions of the PIPA?
Under the PIPA, personal information controllers are required to:
• Obtain explicit and informed consent from individuals before collecting and using their personal information.
• Use personal information only for specific purposes that are clearly communicated to individuals.
• Limit the amount and retention period of personal information to what is necessary to achieve the intended purposes.
• Implement appropriate technical and organizational measures to protect personal information from unauthorized access or disclosure.
• Provide individuals with access, correction, and deletion rights over their personal information.
• Obtain separate consent from individuals if they want to transfer their personal information to third parties or overseas.
• Notify individuals and relevant authorities in the event of personal information breaches, and take necessary remedial actions.
What are the implications of the PIPA for individuals?
The PIPA enhances the privacy rights of individuals in Korea by providing them with greater control over their personal information. Individuals have the right to:
• Be informed of the purposes, legal basis, and retention period of personal information collected by controllers.
• Withdraw their consent to the collection and use of their personal information at any time.
• Request access, correction, and deletion of their personal information held by controllers.
• Request suspension of the processing of their personal information if they believe it is being collected or used unlawfully.
• Lodge complaints with the Personal Information Protection Commission or seek legal remedies if their rights under the PIPA are violated.
What are the implications of the PIPA for organizations?
The PIPA imposes significant obligations and responsibilities on personal information controllers, including:
• Ensuring that all employees who handle personal information are properly trained and aware of their responsibilities under the PIPA.
• Conducting risk assessments and privacy impact assessments to identify and mitigate potential data privacy risks.
• Implementing appropriate technical and organizational measures to secure personal information and prevent data breaches.
• Appointing a personal information manager to oversee compliance with the PIPA and provide regular reports to the Commission.
• Regularly reviewing and updating their privacy policies and practices to ensure they comply with the PIPA and other relevant laws and regulations.
What are the penalties for non-compliance with the PIPA?
The PIPA imposes significant penalties on personal information controllers who fail to comply with its provisions. Violators may face:
• Administrative sanctions, such as fines up to KRW 3 billion (approximately $2.5 million) or suspension of personal information processing operations.
• Criminal sanctions, such as imprisonment or fines up to KRW 100 million (approximately $88,000) for serious violations.
• Civil liabilities, such as claims for damages from individuals whose personal rights have been violated.
Conclusion
The Korean Personal Information Protection Act is a comprehensive data protection law that provides individuals with greater control over their personal information while imposing significant obligations and responsibilities on personal information controllers. The PIPA has been recognized as one of the most advanced data protection laws in the world, reflecting Korea's commitment to data privacy and digital innovation. For individuals and organizations operating in Korea, it is crucial to understand the provisions and requirements of the PIPA to ensure compliance and protect personal information from cyber threats and misuse.