"Disease and Genetic Information Should Be Pseudonymized Before Allowing Commercial Use"

[Asia Economy Reporter Oh Hyun-gil] There has been a claim that commercial use should be allowed if disease or genetic information is pseudonymized.

Hwang Hyun-ah, a research fellow at the Korea Insurance Research Institute, stated in a report titled "Issues and Tasks in the Use of Pseudonymized Information" published on the 6th in Insurance Law Review, "It is reasonable to apply the special provisions for the use of pseudonymized information to sensitive information as well."

Pseudonymized information refers to information in which some parts that can identify the data subject among personal information are deleted or replaced so that the data subject cannot be recognized without additional information.

It has great potential to be combined, analyzed, or processed with different information, making it commercially useful, but it differs from 'anonymous information,' where identifiability is completely removed, raising concerns that the data subject could be re-identified.

Research fellow Hwang diagnosed, "The use of pseudonymized information is a key issue in the amendment of the 'Data 3 Act,' but concerns about the safety of pseudonymization and the possibility of re-identification due to the combination of pseudonymized information are causing restrictions on its use," adding, "There are concerns and opposition regarding the 'commercial use' of pseudonymized sensitive information."

Sensitive information is generally restricted in processing because it can greatly infringe on the rights and interests of the data subject, but it is unclear whether the same restrictions apply to 'pseudonymized sensitive information.'

The Financial Services Commission recently interpreted in response to related inquiries under the Credit Information Act that personal disease information, etc., can be used without the data subject's consent if pseudonymized.

Research fellow Hwang suggested, "If the special provisions regarding pseudonymized information apply only to information other than sensitive information, this does not align with the legislator's intent or the system of the amended law. In accordance with the purpose of the Data 3 Act amendment, it is necessary to activate the use of pseudonymized information while enhancing the safety of pseudonymization and imposing strict sanctions in case of violations to alleviate concerns and fears."