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South Korea's Personal Information Protection Act

Requirements​

Who is subject to South Korea's Personal Information Protection Act?​

South Korea's Personal Information Protection Act (PIPA) was enacted to protect the privacy rights of individuals by preventing the misuse or abuse of personal information. The PIPA applies to any individual or entity that collects, uses, discloses, processes, or otherwise handles personal information in the course of conducting their activities. This typically includes:

  1. Public institutions
  2. Corporations, organizations, and individuals in the private sector
  3. All entities operating within South Korea, whether they are domestic or foreign companies

However, it's important to note that there might be some exemptions, depending on the context of the personal information processing, and specific provisions may apply to certain types of entities or certain categories of data.

Does South Korea's Personal Information Protection Act have data residency requirements?​

South Korea's Personal Information Protection Act (PIPA) primarily deals with the proper handling of personal data, including data collection, use, disclosure, and processing. It doesn't explicitly stipulate data residency requirements, which would require organizations to store certain data within South Korea's national boundaries.

However, it does regulate cross-border data transfers, which indirectly relate to data residency. Organizations looking to transfer personal data outside of South Korea must generally obtain the data subject's consent and ensure that the foreign country provides an adequate level of personal data protection. In some cases, they may need to get approval from the Personal Information Protection Commission.

What data is covered by South Korea's Personal Information Protection Act?​

South Korea's Personal Information Protection Act (PIPA) covers what it refers to as "personal information," which it defines as information that pertains to a living individual and includes any information that can identify such an individual by name, a registration number, or an image, etc.

It also includes information that, by itself, may not lead to the identification of a specific individual but can easily be combined with other information to identify the individual.

Furthermore, PIPA also has special regulations for handling "sensitive information" and "unique identification information".

  1. Sensitive information: This includes data about ideology, belief, admission to or withdrawal from a trade union or political party, political opinions, health, sexual life, etc., which can lead to the individual being unfairly treated or discriminated against if mishandled.

  2. Unique Identification Information: This refers to specific data that can uniquely identify an individual, such as a resident registration number, passport number, driver's license number, etc.

What rights does the user (data subject) have under South Korea's Personal Information Protection Act?​

Under the Personal Information Protection Act (PIPA) of South Korea, the data subject (user) has a range of rights with regards to their personal information. Here's a summary:

  1. Right to Consent: Personal information can only be collected and used with the consent of the data subject, except in certain circumstances defined by law.

  2. Right to Access: Data subjects have the right to access their personal data held by a data controller. This includes the right to request a copy of the personal data being processed.

  3. Right to Correct and Delete: Data subjects have the right to request corrections or deletions if the personal information held about them is incorrect, outdated, or not being processed in compliance with the law.

  4. Right to Suspend Processing: Data subjects have the right to request a halt to the processing of their personal data.

  5. Right to be Notified: If personal information is collected, the data subject has the right to be informed about why and how their data is being collected and used.

  6. Right to Damages: If a data subject suffers damage due to illegal collection, use, or provision of personal information, he or she has the right to claim damages.

  7. Right to Withdraw Consent: Data subjects have the right to withdraw their consent at any time, and the personal information controller must take necessary measures, such as deleting the personal information, without delay.

Please note that these rights are subject to certain conditions and exceptions defined by law, and data controllers may have grounds to refuse certain requests in some situations.

How should data be stored according to South Korea's Personal Information Protection Act?​

Under South Korea's Personal Information Protection Act (PIPA), as of my knowledge cutoff in September 2021, organizations are required to take appropriate technical, managerial, and physical measures to ensure the safety of personal information. This is to prevent the loss, theft, leakage, alteration, or damage of personal data.

The specific measures can include, but are not limited to, the following:

  1. Technical Measures: Data encryption, installation of access control system, installation of security programs, etc.

  2. Managerial Measures: Designating a person responsible for protecting personal information, limiting the number of people handling personal information, providing regular training for people who handle personal information, etc.

  3. Physical Measures: Controlling access to places where personal information is stored, such as data centers or archives.

In addition, if personal information is to be destroyed after it has served its purpose or the end of its retention period, it must be destroyed in a way that it cannot be recovered or regenerated.

While PIPA does not explicitly mention data residency requirements, it does regulate cross-border data transfers. Organizations looking to transfer personal data outside of South Korea must generally obtain the data subject's consent and ensure that the foreign country provides an adequate level of personal data protection.

Please note that legal requirements can change over time, and it's important to consult with a legal expert or review the most recent version of the law to get the most accurate and current information.

How does SlashID help with South Korea's Personal Information Protection Act?​

SlashID's data residency and encryption posture help companies comply with: