블록체인과 개인데이터법제에 관한 소고

We have entered the era of the fourth industrial revolution, in which digital data is used as an important production factor for economic activity. However, there is a risk that the data almost inevitably contains personal data, and data subjects lose control over how they collect and use their personal data, so that even if data infringement are widespread, they can not control anything. As such, the present situation makes it hard to trust Internet service providers and poses a serious threat to the right to informational self-determination of the data subject. Also the sharing of profits to the data utilization between users and Internet service providers is uneven. In addition, the model in which Internet service providers centrally manage personal data has data concentration and market dominance problems in data ownership and utilization between large and small businesses. Therefore, it is becoming more and more necessary to modify enterprise-led data management structure and personal information protection law, which are major obstacles to management and distribution structure of the data as well as the use of the data. Blockchain technology is emerging as a technology that can meet those needs. However, the introduction of new ICT technology “Blockchain” requires changes in personal information law. First, it is necessary to provide guidance that blockchain services can be designed to meet privacy standards. Second, it is necessary to grant personal information rights to data subjects so that they can accumulate and manage their own data and control data provision for third parties. In addition, it is necessary to improve the management system of data rights clearance institution, to establish safety standards of technical aspects, to clarify the legal nature of personal data including rights attribution of data, and to solve intellectual property problems of personal data owned by a large corporation. In addition, the old legal theory which understands the right to informational self-determination in the internet environment as a part of the right of privacy will undergo changes through the establishment of the basic right of information which is understood as a separate basic right. The problem giving property-like rights concerning personal information should also be reviewed. Protecting personal information with property rights will facilitate the use of personal information. In fact, if data subjects directly manage their personal information, it will be possible to establish effective and exclusive control of personal information by setting various conditions for use. Of course, in order to realize “my data management” services using blockchain technology, and to provide vitality to the data economy and to sustain its development, the Korean government should fully support such experimental projects so that they can be freely experimented in the sandbox. I hope that this article will help to improve legal systems around personal data management by using blockchain technology.