개정 개인정보보호법의 분석과 평가- 개인정보자기결정권의 범위와 한계를 중심으로 -

The right to self-determination of personal information is the right to allow others to use one's personal information or to restrict their use. In the information society, the key is what procedures and conditions should be used to use personal information, and the content and limits of the right to self-determination of personal information are determined within the personal information protection order. If too much emphasis is placed on protecting personal information, the efficiency of personal information decreases. On the other hand, if personal information is allowed to be used without restrictions, the right to self-determination of personal information becomes useless. Therefore, we need to find and legislate the contact points where personal information can be protected and used. In this sense, the Personal Information Protection Act can be said to specify the scope and limits of protection of the right to self-determination of personal information. The most recently revised Personal Information Protection Act significantly improved the controversial points after a long discussion. The main contents are (i) the rights of data subjects are protected by newly establishing the right to request transmission of personal information, the right to request explanations for automated decisions, and the right to refuse; (ii) eliminating most of the special provisions for information and communication service providers, etc., and (iii) changing sanctions from punishment to economic sanctions such as fines. The revised Personal Information Protection Act broke away from the existing framework and strengthened the rights of data subjects while complementing the rigid consent system. In addition to preparing countermeasures for new technologies, it also presented regulations that meet the standards of major countries regarding data protection and use. There is great significance in this.