개인정보 유출 분야 과징금 제도와 손해배상 집단소송제 간 대체가능성에 관한 시론

In response to the people’s question, “The breached data is mine, but why is the government collecting the fine?”, this article aims to provide an answer. In the field of personal information leakage, it is possible to compensate for damages because it is possible to identify the victim group and the contents of the leaked information through the server logs, but the participation rate of damages claims is too low to be effective. There are a large number of victims in data breach cases, but the amount of damages per person is small. Since each individual has little to gain from a win, the cost of participating in a lawsuit, even if it is small, is a major barrier to entry. In the future, the US-style class action lawsuit system should be adopted to remove the barrier for each victim to participate. As the current compensation system lacks effectiveness, it is inevitable that the government will impose fines. However, if a class action system were to be enacted, it would be possible to identify victims and the amount of damage based on the government's accident investigation data, and initiate a process to compensate the victim group. By doing this, administrative resources will be efficiently utilized by focusing investigative capabilities on cases where relief is urgently requested. Eventually, the paradigm of data breach law enforcement will be transformed from regulation-based and producer-oriented to principle-based and consumer-oriented.