Privacy Law at South Korea
South Korea's Personal Information Protection Act (PIPA) is a comprehensive data protection law that governs the collection, use, and transfer of personal data. The law underwent significant amendments in 2023, with key provisions taking effect on 15 September 2023, and further regulations scheduled for implementation in March 2024.
š°š· Key Provisions of PIPA
1. Strengthened Rights for Data Subjects
Right to Data Portability Individuals can request the transfer of their personal data to themselves or a third party, provided the recipient meets specified security standard.
Right to Object to Automated Decision-Making Individuals can object to decisions made solely by automated processes, including AI systems, that significantly affect their rights or obligation
2. Unified Compliance Requirements
Equal Treatment for All Data Controllers The amendments eliminate special provisions for online service providers, applying uniform compliance requirements to all data controller
Mandatory Data Breach Notifications Data controllers must promptly notify affected individuals and relevant authorities in the event of a data breac.
3. Revised Enforcement and Penalties
Shift from Criminal to Administrative Sanctions The amendments replace certain criminal penalties with administrative fines based on the total revenue of the violating entit
New Violations Subject to Penalties Obstructing investigations by concealing, destroying, or falsifying documents is now subject to criminal sanction
4. Cross-Border Data Transfers
Expanded Legal Bases for Transfers Overseas transfers are permitted if the recipient country has an adequate level of data protection, if an international agreement allows it, or if the recipient has obtained certification from the Personal Information Protection Commission (PIPC.
PIPC's Authority The PIPC can suspend data transfers if they violate PIPA or if individuals are likely to suffer harm due to inadequate protectio.
5. Appointment of Chief Privacy Officers (CPOs)
Qualification Requirements Entities with significant data processing activities must appoint a CPO with at least four years of experience in data protection, including two years specifically in personal information protectio.
Implementation Timeline A grace period until 14 March 2026 is provided for existing CPOs to meet the new qualification.
š§ Summar
South Korea's PIPA establishes a robust framework for data protection, aligning with international standards such as the EU's General Data Protection Regulation (GDP)ī īThe 2023 amendments enhance individuals' rights, standardize compliance requirements, and strengthen enforcement mechanissī īOrganizations operating in South Korea must ensure compliance with these provisions to avoid penalties and protect individuals' privacy righs.
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