양립가능성 규정의 적용 범위에 대한 소고 - 다른 개인정보보호 규정과의 충돌 문제를 중심으로 -

The compatibility rule introduced by the amendment of the Personal Information Protection Act in 2020 allows the use of personal information without additional consent when the purposes were reasonably related to original purpose. The purpose of compatibility rule is the promotion of the flexible use of personal information by easing the strict consent principle. However, in spite of compatibility rule, many personal information protection regulations based on strict consent principle still exist and conflict with the compatibility rule. In those cases, it is unclear whether the compatibility rule may apply. For example, the compatibility rule conflict with provisions requiring separate consent for the use of sensitive information, marketing purposes, and CCTV which requires statutory basis. However, the compatibility rule allows various factors to be considered for the protection of the privacy of the data subject, and additional safety devices are also obligated if necessary. Therefore, when there is a conflict of regulations, both of the purpose of the conflicting regulation and the requirements of the compatibility regulation should be considered rather than unconditionally exclusion or application of the compatibility rule. On the other hand, CCTV video information collected without the consent of the consumer t and data which consumers demand the destruction of personal information, the compatibility rule may not applied according to the consumer right on the self determination of personal information.