These days, the key driver of the Fourth Industrial Revolution is data, and is in the midst of a paradigm shift to ‘Data Economy’ by serving as catalyst for the development of all industries and for the creation of new values. In addition to the d...
These days, the key driver of the Fourth Industrial Revolution is data, and is in the midst of a paradigm shift to ‘Data Economy’ by serving as catalyst for the development of all industries and for the creation of new values. In addition to the development of Information and Communication Technology and Artificial Intelligence as a result of the development of the Intelligence Information society, the commercial use of personal information in daily life has been increasing day by day as the competitive source of data has begun to create enormous economic value, while the need to protect and regulate the right to self-determination of personal information, which is the basic right under the Constitution, in collecting and utilizing personal information, is also very high. In advanced countries, however, through the integration of big data at the national level, the government is seeking to continue to grow the national economy and create jobs based on innovative growth in the main industries. So companies that are good at holding and utilizing large amounts of data will lead the market innovation in the global world in the future. Therefore, the two aspects of developing new businesses, along with the practical protection of personal information should be sought in harmony in using personal information.
Meanwhile, in order to achieve a proper balance between the utilization and protection of personal information, countries are rushing to revise relevant legislation to establish privacy laws that suit their own situation. In the EU, there is a trend to strengthen protection regulations by creating new rights for information subjects, while at the same time providing guidelines or proposals for the use of personal information which is suitable for the information society through the introduction of the right to data portability. Also, major advanced countries, including the U.K. and the U.S., are seeking to improve the information inferiority of consumers and strengthen their right to self-determination as active players through the use of personal information, focusing on financial, medical, and educational fields. However, not only does Korea fail to reflect changes in the technology environment, but it also has limitations such as overlapping regulations among the privacy laws, difficulties in guaranteeing the actual rights and interests of the information subjects, and, among other things, insufficient development of a virtuous ecosystem of the personal information protection-related industries. Most recently, the introduction of the right to personal credit data portability is being discussed, starting with open banking, through the revision of the Credit Information Act among the so-called Three Data Act. If ‘MyData Industry’ that can collect and manage all assets based on personal credit data movement is activated, many innovative services and products that have not been seen until now can emerge. But we need to consider ways to create a future-oriented legal system where the use and protection of personal information can be harmonized properly, including technical and legal security measures for improving real control of financial consumers and introducing related industries.
Under this view, this thesis puts the issue on the use of personal information to activate the data industry as a major subject of study, along with the improvement of the rights of information subjects based on the right to personal credit data portability around the revision of the Credit Information Act. It is thought that the first discussion on the introduction of the right to data portability in the financial sector will lead to research in various industrial and academic fields such as health care and education in the future. Accordingly, by referring to the revision of the Credit Information Act, the Act is designed to provide a platform for the practicalization of the right to personal information self-determination in the financial sector and for the internal protection of personal information by actively utilizing personal information in addition to revitalizing businesses and industries, which should be reviewed in accordance with changes in the personal information processing environment.