개인정보의 수집·처리·제3자 제공과 가치창출에 관한 법적 문제연구

Modern information society as the hyper-connected society based on the cloud computing·Internet of Things and Big-data, People and things around communicate with each other via the Internet. Individuals of that society leaves a myriad of real-time personal data such as their type and hobby regardless of their own will, and the data created in this way are dispersed and stored in servers through encrypted communication under the above mentioned environment. This stored data may contain factors that can predict the current and future needs of the human, Individuals and businesses who exercise the Freedom of occupation to take advantage of the data stored in accordance with the autonomy and creativity to meet the demands of the market, or the promotion of voluntary public welfare by creating a new market that serves to improve the country's competitiveness as well. By the way, ‘Personal data protection Legislation’ to protect the privacy define the personal data as ‘Data can be seen the individual’ and ‘data to identfy the individual to easily combine’, on the basis of such a concept definition a prior-consent(Opt-in) for the collection·processing of personal information and providing it to third party is imposed by laws despite the current information environment can not be expected. Furthermore are unduly restricted Market creation capabilities of individuals and buisnesses involved in the market by the sanctions on them who violate the prior consent. To remedy these problems, ‘Unidentifiable data’(non-identifiable Data + identifiable but unspecifiable data) should be an exception to the application of privacy legislation, a prior-consent(Opt-in) for the collection·processing of personal information and providing it to third party should be converted into post-approval(Opt-out) to exercise the self-determination of the data subject. Finally, ‘Notice of Personal data use history’ shall be extended to Notice of the performance of value creation obtained by utilizing personal data and should be given an opportunity to participate in profit obtained with respect to data subject.