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Advance Notice of Amendment to the Three Data Laws... Effective August 5

Advance Notice of Amendment to the Three Data Laws... Effective August 5


[Asia Economy Reporter Koo Chae-eun] The amendment to the so-called "Data 3 Laws," known as the "Personal Information Protection Act, Information and Communications Network Act, and Credit Information Act," collectively referred to as the "Gaemangsin Law," will be implemented starting August 5 after a legislative notice period.


On the 30th, the Korea Communications Commission announced that it has prepared and issued a legislative notice for the amendment to the "Personal Information Protection Act (Ministry of the Interior and Safety)," the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (KCC)," and the "Credit Information Use and Protection Act (Financial Services Commission)," collectively called the "Data 3 Laws."


The amendment to the Data 3 Laws passed the National Assembly plenary session in January. The legislative notice period for this enforcement decree amendment is from the 31st to May 11. After consultations with related agencies, regulatory and legal reviews, and the Cabinet meeting, it will be promulgated and enforced on August 5.


The Korea Communications Commission approved the amendment to the Information and Communications Network Act among the Data 3 Laws. With the amendment to the Data 3 Laws, the personal information protection provisions of the Information and Communications Network Act, which previously governed online personal information protection, will be integrated into the Personal Information Protection Act. Accordingly, provisions in the enforcement decree of the Information and Communications Network Act that lost their delegation basis have been deleted.


Furthermore, after the enforcement of the Personal Information Protection Act, information and communication service providers will also be subject to the Personal Information Protection Act. The transferred tasks will be carried out by the Personal Information Protection Commission. Along with this, the amendment reflects the reorganization of the article system related to tasks remaining in the Information and Communications Network Act, such as designation of online identity verification agencies and app access permissions.


In particular, as the personal information protection provisions of the Information and Communications Network Act are transferred to the Personal Information Protection Act, the Personal Information Protection Commission will exclusively handle personal information tasks. Until now, personal information protection functions were dispersed, causing inconvenience to users. Additionally, the Commission will be elevated to a central administrative agency under the Prime Minister's Office, enabling independent management of personnel and budget.


A KCC official stated, "Considering the high public interest in the Data 3 Laws, we will hold a joint public hearing with related ministries during the legislative notice period to gather opinions from various sectors and actively reflect them in the enforcement decree and notifications. Detailed matters such as specific procedures for pseudonymized information linkage and requirements for designation of specialized agencies, which are not included in the enforcement decree of the Personal Information Protection Act, will be incorporated into newly established notifications and administratively notified in May."


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