한국의 공공데이터 개방의 법제와 쟁점

Public data opening in Korea is a means to transparent government that is the core aim of ‘Government 3.0’, the slogan of the current Park’s Government. At the same time, it is a means to foundation for the ‘Creative Economy’, the primary policy of this Government. Act on Promotion of the Provision and Use of Public Data of 2013 has been expanding the scope of the right to know or the right of information of people from access to information to processing and utilization of information. Efforts to establish legal and institutional foundation are ongoing, to enable use of public data, in privacy and copyright laws, which have been cited as a barrier to public data opening. Revision of the Copyright Act, to restrict copyrights on public literature and to allow the free use of public literature, is positively assessed as protection of copyright at a reasonable level. Also in Korea, demand for personal data continues to grow continuously. Regarding to personal data, the government is easing the requirement of consent of the information subject for the use of the relevant personal data. And the courts also allow the use of personal data for profit that is already disclosed without the consent of the information subject. However, even under the circumstances of the allowed use of personal data, control of the information subject on one’s own personal data shall remain intact. And social consensus is needed to ease the requirement of consent of the information subject.