빅데이터 처리기술에 따른 법개정 쟁점에 대한 소고 - 저작권법 및 개인정보보호법을 중심으로 -

Now is the era of big data. However, there are obstacles to dealing with big data in Korea. This is because big data processing may infringe on the rights of authors under the Copyright Act, and collecting unauthorized information may violate the Personal Information Protection Act. Korea revised the Personal Information Protection Act on January 9, 2020 and is discussing the amendment of the Copyright Act in November 2020. Article 35-5 of the amendment to the Copyright Act provided that big data could be processed smoothly by establishing a new regulation limiting copyright. The amendment permitted the use of information for commercial purposes. In addition copyright shall be restricted if this applies to both cases where the work can be accessed legally and where the work is not used to sense the work. The revised Personal Information Protection Act is revising the Opt-in method that was not suitable for processing big data. First, the concept of pseudonymous data was introduced. As a result, Korea added a way to use information without the consent of the information subject. The provision is allowed the use for commercial purposes. However, the current Act still needs a clear interpretation of pseudonymous data. It is also necessary to continue to discuss the impact of legal restrictions on the combination of pseudonymous data on the big data industry.