“Expansion of Mandatory Participation in Personal Information Dispute Mediation” Personal Information Commission Promotes Amendment to Protection Act

"Mandatory Participation in Personal Information Dispute Mediation Expanded from Public to Private Institutions"
Personal Information Protection Act Amendment Bill to be Submitted to the National Assembly in June

[Asia Economy Reporter Eunmo Koo] The Personal Information Protection Commission (PIPC) is set to amend the law to mandate the participation of private organizations in dispute mediation related to personal information infringement.

On the 27th, the PIPC announced the 'Status of Personal Information Dispute Mediation Cases Handled' over the past four years by the Personal Information Dispute Mediation Committee and stated that it will promote institutional improvements to enhance the effectiveness of the dispute mediation system, including amendments to the Personal Information Protection Act.

The PIPC plans to submit a bill to the National Assembly by June that expands the mandatory participants in personal information dispute mediation from public institutions to 'all personal information processors' and grants investigators the authority to conduct fact-finding investigations. While the personal information dispute mediation system has established itself as an efficient remedy for personal information infringement, private organizations, unlike public institutions, currently have no legal obligation to participate in mediation procedures, limiting effective and proactive dispute resolution.

Alongside submitting the amendment, the PIPC will also improve dispute mediation services. It is considering introducing a court-linked mediation system that allows the Dispute Mediation Committee to handle civil lawsuits related to personal information entrusted by the courts. Additionally, it plans to enhance the dispute mediation system by providing features such as mobile dispute mediation application functions and easy search of similar dispute mediation cases. Furthermore, the PIPC will derive unlawful practices or institutional improvement points from dispute mediation cases and propose policy improvements to the PIPC or related government departments.

Meanwhile, the recent four-year handling status announced on the same day shows that the Dispute Mediation Committee resolved a total of 1,349 personal information disputes, with an increase in the number of applications and an improvement in the mediation success rate. Last year, the number of dispute mediation applications was 431, a 22.4% increase compared to 2019, and by the end of March this year, the number of applications reached 184, a 200% increase compared to the same period last year (92). Since the PIPC was launched as an integrated supervisory body, dispute mediation applications have surged recently. Since 2019, the 'criteria for calculating damages' have been applied, enabling reasonable damage compensation proposals to parties involved in dispute mediation cases, and the mediation success rate has been continuously improving.

The PIPC will publish the '2020 Personal Information Dispute Mediation Casebook,' selecting meaningful cases from last year's dispute mediation cases as precedents for preventing personal information infringement and resolving disputes. The casebook can be accessed on the Dispute Mediation Committee's website and will be distributed to 163 organizations, including public institutions, various associations, and private organizations.

Song Sang-hoon, Director of the Investigation and Mediation Bureau at the PIPC, stated, "As awareness of personal information has spread recently and online transactions have increased due to COVID-19, the demand to resolve personal information infringement through dispute mediation has surged." He added, "The Dispute Mediation Committee will strive to become a rights relief institution that citizens who have suffered personal information infringement can trust and turn to at any time."