Rapidly advancing digital technology and the rise of the data economy have significantly transformed the value of personal information. Now, personal information has emerged as an economic and social asset rather than just a subject of protection. In ...
Rapidly advancing digital technology and the rise of the data economy have significantly transformed the value of personal information. Now, personal information has emerged as an economic and social asset rather than just a subject of protection. In this sense, personal information is now routinely created and consumed through widespread digital means, such as smartphones and social media, and is widely utilized for commercial and administrative purposes in both the private and public sectors. This means that personal information has become a core asset that tracks economic and social activities and creates value beyond simply identifying individuals. In this context, the right to self-determination of personal information is not only about protection but also requires changes to an expanded right to actively control and utilize personal information, and the right to request transmission of personal information has emerged at the center of this change.
The right to request transmission of personal information refers to the right of the information subject to request the transmission of their personal information from one institution to another or to a third party. This right ensures the mobility of information and allows the information subject to exercise practical control over their personal information. It was first institutionalized under the name of "Right to Data Portability" in the EU's GDPR. In Korea, influenced by this, the right was introduced through amendments to the Credit Information Act, Electronic Government Act, and Personal Information Protection Act, strengthening the rights of information subjects to manage and control their personal information and aiming to revitalize the data economy through the development of the data utilization industry.
The emergence of this right is also driven by the need to strengthen control over one's own information. In modern society, the potential for personal information infringement has expanded beyond the relationship between the state and private individuals to the relationship between private individuals and private individuals due to the development of digital technology and increased use of data containing personal information. In other words, it is common for private sector entities to collect and process large amounts of personal information based on the explicit or implicit consent of the information subject, but after consent, the information subject often loses practical control over how their personal information is used. This situation has escalated into a problem of imbalance of rights between platform companies with large amounts of data and information subjects, leading to a situation where information subjects cannot fully understand or control how their data is collected, utilized, and transmitted.
This situation shows that the fundamental rights of the information subject can not only be violated by the state but also threatened in the private sphere, such as private companies. The right to request transmission of personal information can function as a legal tool to resolve the imbalance of rights between private individuals by allowing the information subject to view, receive, and request transmission of their personal information to a third party. In addition, this enables the information subject to strengthen their right to self-determination of personal information and to effectively secure control over their information.
In conclusion, the right to request transmission of personal information can be seen as a key legal mechanism for strengthening the right to self-determination of personal information and revitalizing the data economy, represented by the data industry. To successfully implement this, it is necessary to clarify the constitutional status of the right to request transmission of personal information and to establish legal and institutional measures to maintain a balance between protecting the rights of the information subject and utilizing data. Through this, we aim to contribute to establishing a new system of rights suitable for the digital age and ensuring that the right to request transmission of personal information can be established stably.