Cyber Law at South Korea
South Korea has established a comprehensive legal and institutional framework to address cybercrime, data protection, and digital governance. Here's an overview of the key aspects:
🛡️ Data Protection: Personal Information Protection Act (PIPA)
The Personal Information Protection Act (PIPA) is South Korea's primary data protection law, aligning closely with the EU's GDPRRecent amendments have introduced several significant changes
Expanded Data Subject Rights:Individuals now have the right to request data portability and to object to automated decision-making processes, Additionally, data controllers must provide explanations for automated decisions and disclose the standards and procedures for these decisions
Stricter Penalties:Violations of PIPA can result in fines up to KRW 3 billion (approximately €2.1 million) or 3% of a company's annual revenue, whichever is higher
Cross-Border Data Transfers:Transfers of personal data abroad require explicit consent from data subjects, and data controllers must ensure that the recipient country provides adequate protection for personal data
💻 Cybercrime: Legal Framework and Enforcement
South Korea has enacted several laws to combat cybercrime:
Information and Communications Network Act This act criminalizes activities such as cyber defamation, cyber insults, and the distribution of illegal conten. Penalties can include imprisonment for up to three years for true defamatory statements and up to seven years for false statements
Cyber Terror Response Center (CTRC) Established in 2000, the CTRC is part of the Korean National Police Agency and specializes in investigating cybercrimes and providing digital forensics services
🔐 Cybersecurity: National Strategies and Initiatives
South Korea has implemented various measures to enhance cybersecurity:
*National Cybersecurity Strategy: The government has developed a national cybersecurity strategy to protect critical infrastructure and respond to cyber threats.
*Cybersecurity Awareness Programs: Initiatives to raise awareness about cybersecurity best practices among citizens and organizations have been launched.
⚖️ Recent Legal Developments
*Criminalization of Viewing or Possessing Sexually Explicit Deepfakes: In 2024, South Korea passed legislation making it a criminal offense to view or possess sexually explicit deepfake images and videos, with penalties including up to three years in prison or fines up to KRW 30 million (approximately €22,600)
*Investigation into Telegram Over Deepfake Content: Authorities launched an investigation into Telegram to determine if the platform facilitated the distribution of sexually explicit deepfake content, following public outrage over such materials being shared in Telegram chatrooms
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