개인정보 보호와 이용의 균형 모색 - 중국 개인정보보호법과의 비교연구를 중심으로 -

Article 1 of Personal Information Protection Law of the People’s Republic of China(China’s PIPL) stipulates that “This Law is enacted in accordance with the Constitution to protect personal information rights and interests, regulate the processing of personal information, and promote the reasonable use of personal information.” It is revealed that China’s PIPL was enacted to seek a harmonious balance between the protection and use of personal information. Through amending Korea’s PIPL on February 4, 2020, the laws related to personal information protection were systematically reorganized so that the protection of personal information and the development of related industries could be harmonized. However, the ‘use of personal information’ was not specified in the legislative purpose of Korea’s PIPL. In conclusion, the importance and value of the use of personal information has increased in order to revitalize the data economy, but this circumstance was not reflected. In this paper, the author analyzed China’s PIPL from the perspective of ‘balance between protection and use of personal information’, which is the legislative purpose of the law, and found implications that can be referenced in Korean legislation. The importance of using personal information was analyzed from the perspective of information theory. The author analyzed the relationship between personal information protection and privacy through relevant case in China. Efforts to achieve the balance appearing in the main regulations of China’s PIPL were examined such as informed consent and risk management system. In Korea, the second amendment to the PIPL, which stipulates the right to request transmission of personal information, is in the process of being legislated. In addition, Korea is faced with the task of revitalizing the data economy by seeking a balance between protection and use of personal information. In this circumstance, we can refer to the legislative purpose of China’s PIPL.