4차산업환경에서 개인정보 처리 동의의 자발성에 관한 연구

This study critically examines whether the voluntariness of consent for personal data processing is effectively guaranteed under the current legal framework in the digital environment shaped by the Fourth Industrial Revolution technologies, such as artificial intelligence and big data. Although the Personal Information Protection Act (PIPA) requires the consent of data subjects as a prerequisite for processing personal information, issues have emerged concerning the formalization of consent and the restriction of genuine choice due to information asymmetry, dark patterns, and automated algorithmic structures within digital platforms. The study explores the conceptual and legal nature of voluntariness and the relationship among relevant legal provisions. It further reviews international legislative models, including the European Union’s General Data Protection Regulation (GDPR), Japan, and the United States, to identify criteria for determining voluntariness and implications for Korean legislation. The analysis also addresses cases in which the voluntariness of consent is undermined by the structure of information and communication technologies, emphasizing the need for legal, policy, and technical responses. As legislative recommendations, this paper proposes explicitly stipulating voluntariness in the PIPA, introducing a nullification clause for involuntary consent, subdividing and periodically renewing consent procedures, and strengthening user education and policy guidelines by the Personal Information Protection Commission. Ultimately, voluntariness in consent is essential to realizing the right to informational self-determination, and effective operation of the consent system must be reexamined in light of the technological realities of the Fourth Industrial Revolution.