[Financial IT Forum] Professor An Suhyeon: "Personal Information Requires Genuine Consent First... Institutional Foundations Must Be Established"

Acts Distorting Consumer Self-Determination, Such as Marketing and Advertising to Psychologically Vulnerable States, Should Also Be Prohibited

Professor An Su-hyun of the Graduate School of Law at Hankuk University of Foreign Studies attended the "11th Asia Economy Financial IT Forum" held on the 25th at the Westin Chosun Hotel in Jung-gu, Seoul, and gave a presentation on the topic "Core of the MyData Era, Measures to Strengthen Consumer Government Sovereignty." Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Ki Ha-young] "Consent to the use of personal information must be a 'genuine consent' given with accurate knowledge of information collection, utilization, and third-party provision."

Professor An Su-hyun of the Graduate School of Law at Hankuk University of Foreign Studies stated this during a keynote presentation titled "Exploring Measures to Strengthen Consumer Information Sovereignty in the Data Economy Era" at the 11th Asia Economy Financial IT Forum held on the 25th at the Western Chosun Hotel in Seoul, hosted by Asia Economy and the Financial Security Forum.

Professor An said, "Consent given merely to receive a service cannot be considered genuine consent," and added, "To determine whether genuine consent is obtained, behavioral studies such as framing effects on how consumers perceive information are necessary."

He further emphasized the need to establish an institutional foundation to ensure that the right to data portability functions effectively as true self-determination. Professor An stated, "In reality, it is not easy for individuals to effectively exercise control over which information is transferred to whom," and stressed, "Legal support is needed not only for direct control methods but also for indirect control methods."

He also advised that acts distorting consumers' self-determination rights, such as individually marketing or advertising to consumers in psychologically vulnerable states with the intent to influence their decision-making through profiling (automation), should be prohibited.