인공지능 시대의 비정형 데이터 수집과 개인정보 보호

Artificial intelligence systems refer to mechanical systems that can make decisions independently like humans in certain situations based on statistical characteristics learned from data, and the process of learning data inevitably must precede. Among the various data collected for artificial intelligence learning, the proportion of unstructured data such as images, videos, and texts is increasing recently, and the need for personal information protection in collecting such unstructured data is strongly emerging. In particular, learning of generative artificial intelligence systems requires training to find the optimal way to do trial and error on its own while repeatedly testing various problem-solving methods, and as a result, much more data is needed compared to existing artificial intelligence systems. In this process, it became a problem that computers connected to the Internet randomly collect unstructured data such as all published images, videos, and texts and use them for training. The existing Personal Information Protection Act does not establish the infringement of the legal interests of the information subject by the collection of big data such as artificial intelligence itself, but imposes criminal responsibility, civil damage liability, and administrative responsibility to the personal information controller at the symmetry of the information subject. Therefore, as the amount of unstructured data collected under the artificial intelligence system increased dramatically, the priority was to resolve the gap in related laws and regulations to include unstructured data containing personal information into the Personal Information Protection Act. Accordingly, the Personal Information Protection Act was completely revised in March 2023 and has been gradually 2023 변호사(제56집) 348 implemented since September 2023. Under the revised Personal Information Protection Act, information on collecting unstructured data is 1) granting active rights to information subjects, such as the right of the data subject to automated decisions and the right to request personal information transmission, and 2) defining and regulating standards for unstructured data collection devices. What becomes important in terms of personal information protection with the development of artificial intelligence systems is that artificial intelligence service providers reflect technologies and policies that take into account user privacy from the planning stage when developing products and services. Therefore, it is necessary for the Personal Information Protection Act to move forward in a developmental direction, such as actively preparing pseudonymization standards for unstructured data for artificial intelligence learning, preparing sanctions for big tech companies for the transfer of personal information abroad, and promoting cooperation with artificial intelligence service providers for legitimate unstructured data collection.