인공지능 시대 국가안보 목적 개인정보 이전 제한의 디지털경제 규범 쟁점 검토

The enhancement of personal data processing capabilities driven by artificial intelligence systems underscores the importance of personal data protection, not only as a right of data subjects but also in national security. Accordingly, certain nations impose restrictions on the cross-border transfer of personal data, fueled by concerns that such data could be accessed by foreign adversaries. This study examines national security-based restrictions on cross-border personal data flow under existing digital economy agreements, which govern cross-border data flow, personal data protection, and parties' right to regulate for national security and other policy objectives. This study posits that the current exceptions to the prohibition of cross-border data transfers, including personal data, are excessively onerous for countries seeking to restrict data transfers for national security purposes. These gaps in digital trade rules may create barriers to the adoption of a multilateral digital economy agreement, as evidenced by the outcomes of the WTO e-commerce negotiations. To address these gaps, the introduction of principles aimed at fostering trust in governmental access to personal data held by private entities within digital economy agreements could provide an alternative approach to governing restrictions on data transfers for national security purposes. The incorporation of principles governing government access to personal data within digital economy rules would enhance the protection of data subjects' rights by establishing trust in governmental access to transferred personal data. Additionally, it would help alleviate the concerns of countries apprehensive about arbitrary government access to transferred personal data, thereby fostering the growth of the digital economy through the free flow of data based on trust.