Korea - Data Privacy, Data Protection & Human Rights Report, 2018

Korea - Data Privacy, Data Protection & Human Rights Report, 2018

Report Description

The advancements in technology has paved out a way for many new innovations across the globe. Whereas, it has also provided a means to the wrong doers for doing illegal activities without the fear of being caught. It is very important in this fast-moving time that legal authorities should take into consideration various technological upgradations so as to have better implementations of the polices and regulation.

South Korea - Data Privacy, Data Protection & Human Rights Report, 2018, explains in detail the legal frameworks made by country for protection of information and data of its citizens. South Korea’s comprehensive data protection law is one of the world’s strictest privacy regimes. It protects privacy rights from the perspective of the data subject and it is comprehensive, applying to most organizations, even government entities. It is not only applicable and strict, but its penalties — which include criminal and regulatory fines and even imprisonment are enthusiastically enforced.

The nation has other, sector-specific, laws that relate to data protection, all such provisions and laws are analysed in the report.

The report has provided a holistic approach of the issues that are arising in and around the digitalised world with the help of case study and case law. South Korea's data protection laws and regulations impose strict requirements on companies operating in South Korea. Accordingly, companies that expand into South Korea and other emerging markets should exercise caution and ensure that they comply with local laws and regulatory guidance.

The main purpose of laws in South Korea is to provide for the processing of the personal information for the purpose of enhancing the right and interest of citizens, and further realizing the dignity and value of the individuals by protecting their privacy from the unauthorized collection, leak, abuse or misuse of personal information.

The report has elucidated all the rights and liabilities that are associated with the relevant authorities that take care of the data and as well as the data subject to whom the data belongs. The report has also explained the provisions that deals with illegal activities like data breaches and the relevant civil and criminal punishments for such crimes.

The legal framework in South Korea takes into considerations the various technological advancements and keep amending and updating their existing laws. Along with that they also enact laws appropriately based on the digital advancements.

The report has done a thorough analysis of the current state of protection of data and privacy of information in South Korea.

Direct and Indirect losses reach up to 1.6 trillion USD due to data breach in 2017

Table of

Contents

Table of Contents

  1. South Korea Privacy Perception Index
  2. South Korea Technology Landscape
  3. Transformation – Chats, Messaging, Shopping & Apps
  4. Tipping Point – Data Breach of critical health information
  5. International laws on Data Privacy applicable to South Korea
    1. Universal Declaration of Human Rights,1948
    2. UN guidelines for the regulation of Computerized Personal data files (1990)
    3. International Covenant on Civil and Political Rights, 1966 (ICCPR)
  6. Multinational Agreements and Framework
    1. APEC Privacy Framework
    2. OECD Privacy Framework
  7. South Korea Legal & Regulatory Framework
    1. The Protection of Personal Information Act (PIPA), 2011
    2. Information and Communication Network Utilization and Information Protection (IT Network Act), 1986 enforced 1987,
    3. Use and Protection of Credit Information Act (UPCIA), 1995
    4. Act on Real Name Financial Transactions and Guarantee of Secrecy (ARNFTGS), 1997
  8. Issues Analysed
    1. Data Privacy
    2. Data Protection
    3. Data Transfer
    4. Disclosure of Information
    5. Surveillance
    6. Liabilities
      1. Primary Liability
        1. Data Controller
        2. Data Processing
        3. Data Storage
        4. Data Transfer
        5. Consent & Notification
      2. Secondary liability
        1. ISP liability
        2. Third Party Liability
  9. Compliances & Agreements

List of

Graphs

List of Graphs

  1. Average Distribution of Cyber Attacks by Type of Industry (Percentage), 2005-2017
  2. Number of Data Records lost by Tech Giants (Million), Up to 2017
  3. Number of compromised data records in selected data breaches (Million), up to 2017
  4. Top 10 Countries with Highest Privacy Score, 2017
  5. Number of Internet Users in Developed and Developing nations (Billion), 2007-2017
  6. Volume of Data Produced Every Day (Million GB), 1992-2017
  7. Number of Data Records lost in Web Based Industry (Million), 2004-2017
  8. Type of Secondary information Fetch by Apps to Track Behaviour (Percentage), 2017
  9. Type of Primary Information Fetch by Apps to Track Behaviour (Percentage), 2017
  10. Type of App Permissions that can access the User Information(Percentage), 2017
  11. Number of Data Records Stolen by Apps (Million), 2017
  12. Top 15 Vulnerable Apps by Number of Permissions required, 2017
  13. Share of businesses having deployed or deploying an enterprise-wide encryption strategy(Percentage), 2005-2015
  14. Share of Consumer Data Traffic per Month (GB Million), 2017
  15. Number Data Breach and Number of Data Record Stolen(Billion), 2012-2017
  16. Total Data Record Stolen from Government Organizations (Million), 2006-2016
  17. Government Data Breaches where more than 1 Million data records have stolen (Million), 2006-2017
  18. Number of Cases of personal information holdings in Public Institution of South Korea, 2017
  19. Number of Cases of Private Information holding by Private Sector of South Korea, 2017
  20. List of Companies which has lost more than 100 Million data records in Breaches(Million), 2017
  21. List of Telecom Companies that has lost more than 1 Million data records Globally(Million), 2017
  22. Number of Data Record Lost by Year in Telecom Sector (Million), 2006-2017
  23. Number of Connected Devices Globally (Billion), 2012-2020

Countries Analysed

South Korea

A Complete Analysis of Korean Laws

Laws

Analysed

International, National and Regional Laws

International Laws

  1. Universal Declaration of Human Rights,1948
  2. UN guidelines for the regulation of Computerized Personal data files (1990)
  3. international Covenant on Civil and Political Rights, 1966 (ICCPR)

South Korea

  1. The Protection of Personal Information Act (PIPA), 2011
  2. Information and Communication Network Utilization and Information Protection (IT Network Act), 1986 enforced 1987,
  3. Use and Protection of Credit Information Act (UPCIA), 1995
  4. Act on Real Name Financial Transactions and Guarantee of Secrecy (ARNFTGS), 1997
International, National and Regional Laws

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