공개 정보를 대상으로 한 데이터 수집행위 등에 대한 연구 : 행태정보 비식별화 조치에 관한 문제의식과 개인정보자기결정권의 실체적 보장 방안으로써 개인정보의 재산적 가치에 대한 제언

Courts’ earlier decisions on data collection involving publicly available information primarily concerned profile‑type data, such as data subjects’ educational and professional histories. More recent disputes, however, driven by increased awareness of personal data and the more active exercise of the right to informational self‑determination, increasingly focus on a broader range of data, including behavioral information. The core issue in the field of personal data protection lies in determining which categories of data merit protection as personal data, and this question is closely connected to the role and limits of anonymization measures. In particular, users’ behavioral data, once subjected to anonymization, have long served as a major resource for the data industry, especially in marketing and advertising. Yet in light of regulators’ stronger emphasis on informational self‑determination and the heightened awareness of data subjects, traditional business models that rely on large‑scale exploitation of behavioral data in their previous form have become increasingly difficult to sustain. Furthermore, anonymization has been a key technical mechanism for enabling the use of personal data as “data,” but the demonstrated ineffectiveness of anonymization and rapid advances in artificial intelligence make it increasingly problematic to treat anonymization as a blanket safe harbor. It is therefore necessary to move beyond the view that personal data protection is merely an obstacle to the data industry or AI‑driven sectors. Recognizing the economic value of personal data held by data subjects and providing them with reasonable compensation would allow companies to focus on industrial development without disproportionate concern over legal and ethical risks.