개인정보 처리방침의 법적 성질과 기능에 관한 연구 - 개인정보의 적법 처리 근거로서의 개인정보 처리방침 -

In this article, the legal nature of the privacy policy is examined. If the personal information processor stipulates the privacy policy as part of the terms and conditions of service, notifies the privacy policy, and receives consent to the terms and conditions, it can be considered that an agreement has been made between the personal information processor and the data subject to integrate the privacy policy into the content of the contract. With regard to whether the privacy policy as a contract can serve as the basis for the lawful processing of personal information, I examined whether (1) the privacy policy can be considered a “contract” under Article 15(1)(4) of the Personal Information Protection Act (hereinafter “the Act”), and (2) whether it can be considered “consent” under Article 15(1)(1) of the Act. It is difficult to consider that the privacy policy generally falls under the category of 'contract' in Article 15(1)(4) of the Act. However, if the personal information processor is required to take certain measures in accordance with the privacy policy, Article 15(1)(4) of the Act may be applied. ② Consent to the privacy policy does not replace consent to the processing of personal information by the personal information processor. However, I believe that the consent to the privacy policycan be approved as consent to the individual acts of processing personal information that may occur in the process of using the service.