Implications from Analysis of Judiciary Court Rulings on Personal Information in Korea

Naray Kim, Hye Young Kang, Hun Yeong Kwon

Research output: Chapter in Book/Report/Conference proceedingConference contribution

Abstract

The objective of this study is to propose a set of criteria that will facilitate safe processing of personal information in preparation for the inevitable big data learning process based on personal information needed for the development of AI technology. To achieve this goal, a number of relevant legal precedents on providing AI technology services from the judiciary courts of Korea and the Constitutional Court of Korea have been selected. The selected precedents were classified and analyzed based on the level of ambiguity in interpretation of legal principles of 'recognition as personal information (identifiability)', 'applicability of privacy regulations and laws', and 'lawful processing of personal information' from the two laws governing personal information in Korea, the Personal Information Protection Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection. This paper will propose a set of specific criteria that can be used when applying legal judgement for personal information protection based on the implications drawn from analysis of the selected precedents by the classification type of the legal cases. Also, this paper hopes that the criteria proposed will serve as base data that can be used to help legal interpretation and judgement in promoting the use of personal information to help facilitate AI services in the near future.

Original languageEnglish
Title of host publicationProceedings - 2022 IEEE/ACIS 7th International Conference on Big Data, Cloud Computing, and Data Science, BCD 2022
EditorsVan Hung Trong, Jongwoo Park, Vo Thi Thanh Thao, Jongbae Kim
PublisherInstitute of Electrical and Electronics Engineers Inc.
Pages246-251
Number of pages6
ISBN (Electronic)9781665465823
DOIs
Publication statusPublished - 2022
Event7th IEEE/ACIS International Conference on Big Data, Cloud Computing, and Data Science, BCD 2022 - Danang, Viet Nam
Duration: 2022 Aug 42022 Aug 6

Publication series

NameProceedings - 2022 IEEE/ACIS 7th International Conference on Big Data, Cloud Computing, and Data Science, BCD 2022

Conference

Conference7th IEEE/ACIS International Conference on Big Data, Cloud Computing, and Data Science, BCD 2022
Country/TerritoryViet Nam
CityDanang
Period22/8/422/8/6

Bibliographical note

Publisher Copyright:
© 2022 IEEE.

Keywords

  • Court Rulings on Personal Information in Korea
  • Lawfulness of processing
  • Personal Information
  • personal information recognition

ASJC Scopus subject areas

  • Computer Networks and Communications
  • Computer Science Applications
  • Information Systems
  • Information Systems and Management
  • Safety, Risk, Reliability and Quality

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