Guide to the Right to Request Personal Data Transfer
The Personal Information Protection Commission announced on May 6 that it has published a guidebook containing explanations of laws and regulations related to MyData, which is now being implemented across all sectors following its introduction in healthcare and telecommunications. MyData refers to a service that allows individuals to request that companies or institutions holding their personal information transfer it to another party.
The guidebook provides explanations of relevant laws and specific methods for exercising rights so that data subjects can safely transfer their personal information to the destination of their choice. It organizes key questions and answers, such as precautions during transfer and whether a proxy can exercise the right to request transfer on behalf of the individual. For example, a data subject can directly download their information from the data transmitter's website or delegate the task to a proxy. However, if a proxy collects information using automated tools after being delegated authentication credentials, the data transmitter must ensure a secure transfer method, taking into account technical and administrative vulnerabilities.
The Commission also emphasized in the guidebook the need to establish measures to respond to threats of personal information breaches. It recommended the introduction of technical measures to strengthen security, such as multi-factor authentication (MFA), the application of CAPTCHA, and the detection and blocking of abnormal login attempts. In addition, the Commission suggested institutional measures, such as revising website terms of use to allow access via automated tools only for those who have established a safe and reliable transfer method through prior consultation with the data transmitter.
Lee Jeongryeol, Secretary General of the Personal Information Protection Commission, stated, "Guaranteeing the right to request data transfer is essential for the safe management and responsible use of personal information," adding, "We will continue to promote and support policies so that individuals' right to self-determination over personal data can be substantively guaranteed in a safe environment."
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