빅데이터 보호를 위한 법정책상 과제

In Korea, Various and convenient smart devices have been widely distributed with the recent development of information storage technology. Through this background, the concept of big data which is distinguished from existing data, emerged. Also, the big data market is growing rapidly, and the value of data is expected to increase. Accordingly, it was intended to enact and amend domestic and foreign legal systems. This paper intends to suggest future policy directions through review of domestic and foreign legal systems related to data protection. The results of the review are as follows. First, if the enactment and amendment of the law has been made in terms of the use and utilization of big data and the promotion of industry and the maximization of their profits, it is now necessary to prepare a legal system to protect the data itself. However, I think there is a need for a balance between the two. Second, looking at the EC and the US trends on data protection, they were passive in introducing the EC's proposed database rights and data producers' rights. And instead of introducing such a system, it was said that it could be dealt with the existing Trade Secret Protection Act. However, the Trade Secret Protection Act also exposed its limitations in protecting the data itself. I think it is necessary to review the right to a database or the right of a data producer to protect the data itself, considering that the assets of data are recognized and the value of them is also increasing. However, since there is a concern of conflict with the existing legal system, careful discussion is needed in various aspects such as the EC.