인공지능(AI) 시대 개인정보보호법의 한계와 개선방안에 관한 고찰

The ‘AI era’ has arrived. The meaning of the ‘AI era’ is that AI is not just a useful technology in itself, but is accelerating the transition of the existing paradigm, and accordingly, the establishment of a new regulatory system that fits the AI environment is being requested. AI is characterized by the fact that it is based on a large amount of data, the complexity and opacity of algorithms, and automation and autonomy. In particular, in order to utilize generative AI, AI training data must be utilized, and the core of training data utilization is the utilization of personal information, especially the utilization of disclosed personal information. In this respect, AI and personal information legislation are closely related, and as the demand for AI training data increases, the demand for utilization of disclosed personal information also increases, so legal and institutional responses are necessary. However, the current ‘Personal Information Protection Act’ has a problem that it does not fit with today’s AI environment. Therefore, this paper examines the relationship between AI and personal information, and proposes a plan to improve personal information legislation in the AI era by analyzing the problems of the current ‘Personal Information Protection Act’ in the AI environment. Specifically, first, it is necessary to consider enacting the (tentative name) “Act on the Use of Personal Information for Artificial Intelligence training data” that stipulates the legal basis for the use of disclosed personal information and the basic principles for the use of artificial intelligence training data. Second, it is necessary to consider revising the “Personal Information Protection Act” to redefine the concepts of “personal information” and “personal information controller” to reflect the artificial intelligence technology environment and improve the personal information processing policy system to strengthen the guarantee of the right to self-determination of personal information.