인공지능(AI) 개발을 위한 개인정보 처리 특례의 헌법적 쟁점과 입법적 과제

Artificial intelligence (AI) technology develops on the basis of large-scale data learning and continuous performance enhancement, and in this process, the utilization of high-quality data, including personal data, has become an essential prerequisite for technological advancement. In particular, recent developments in AI are realized within a development environment in which data learning is structurally repetitive, a characteristic that fundamentally differs from the traditional data-processing model where personal data is processed once for a single, predefined purpose. These technological features of AI create structural tension with existing data protection regimes and pose new challenges to the constitutional protection of fundamental rights, including the right to informational self-determination. This article focuses on the processing of personal data at the AI development stage and examines the structural limitations of the current legal framework, as well as the constitutional issues and legislative challenges surrounding the introduction of a special regime for personal data processing. To this end, the analysis centers on the fragmentation of responsibility among multiple actors involved in AI development, the utilization of publicly available personal data, and the lack of normative coherence among relevant legal regimes. Furthermore, this study explores how special provisions for personal data processing aimed at promoting AI development should be designed in terms of substantive and procedural requirements, as well as appropriate control and oversight mechanisms, in order to achieve a balance between personal data protection and technological innovation. Special provisions for personal data processing in AI development should not be understood as a retreat from the fundamental principles of data protection. Rather, they should be regarded as a normative adjustment mechanism designed to ensure the effective protection of the right to informational self-determination in response to the risk structures inherent in the AI era. In this regard, careful consideration must be given to the scope of application, substantive and procedural conditions, and post hoc supervisory and control mechanisms of such special provisions. Ultimately, issues concerning personal data processing in AI development are not merely matters of creating exceptions to facilitate technological progress, but constitutional questions of establishing standards for harmonizing the protection of fundamental rights with the realization of public interests within the constitutional order. From this perspective, this article seeks to present normative criteria that may serve as reference points in identifying the constitutional limits and legislative direction of AI- and data protection-related laws in the age of artificial intelligence.