개인정보 동의제도의 실질화 방안 연구

Consent plays an important role in ensuring and expressing the right to control and choose their information as much as possible. However, it is by no means easy to guarantee the actual rights of the data subject in accordance with the nature of the consent system, and furthermore, to have a flexible procedural system. This is because consent has limitations in many ways. The most essential problem is that the consent system model takes a strict opt-in method. In addition, the personal information controller tries to secure as many items as possible with one consent. Therefore, it causes the problem of penalization that makes consent vast and complex, making consent unconsciously and habitually consenting without being clearly aware of it. And, the principle of prohibition of comprehensive consent, the principle of division of consent, and the principle of division of essential and optional consent stipulated in the current law encourage this phenomenon. Therefore, this paper proposed various improvement measures to substantiate the consent system under Korean law by referring to overseas legislation and system cases attempted in each country. Therefore, this paper proposed various improvement measures to substantiate the consent system under Korean law by referring to overseas legislation and system cases attempted in each country. Specifically, it proposed measures to internalize the principle of transparency stipulated in Article 5 of the EU GDPR, to introduce an opt-out method to secure flexibility in consent, to mandate dashboards to guarantee withdrawal rights and transparency, to expand exceptions to process information without consent, to introduce a “consent item classification system”, and other information. Based on these discussions, we hope that consent will be reborn as an efficient and reasonable means to flexibly cope with the new digital environment by ensuring the flexibility of the consent system and the practical rights of the data subject.