|
KMID : 1011120200130020001
|
|
Bioethics Policy Studies
2020 Volume.13 No. 2 p.1 ~ p.38
|
|
|
Review of the Legislation and Directions for Revision of the Personal Information Protection Act from the Perspective of Privacy Protection: Focusing on Public-Private Dichotomy
|
|
Lee Seo-Hyung
|
|
|
Abstract
|
|
|
|
The Personal Information Protection Act (PIPA), which was revised in February 2020, permits the processing and use of pseudonymized personal data for purposes, such as statistics, scientific studies, and public archives, to promote the use of big data. This protection act does not require the consent of the data subjects for this purpose. However, the rights of the data subjects, such as the right-to-know for secondary use or the right-to-object to the use of their data for profiling, have not been reinforced or protected. Can the revised PIPA protect the privacy within this so-called big data era? The concept of privacy is defined from a liberal perspective; it classifies the public and private domains based on dichotomy and protects the private domain from public domain interference. Privacy protection based on such a public-private dichotomy has the following limitations: (i) It isolates us from social relationships; (ii) we cannot have insight into others or the community; (iii) eventually, we will form our identities based on external forces and blindly seek self-realization; (iv) we aim for future goals while being confined to an isolated space, and are unable to constitute our lives through social relationships. In reality, we are placed in a state of lower practice, in which we cannot obtain privacy and are attached by external forces. PIPA, which is based on public-private dichotomy, isolates the data subjects from the data processing at the time of consent and afterward. Furthermore, at the time of consent and thereafter, the act prevents the data subjects from examining the effects of data processing on others and the community. Assurances of personal participation allow the data subjects to raise questions on whether the processing of their data is appropriate while negotiating the data processing procedures. Nevertheless, data subjects can only raise issues regarding the problems recognized under a given condition in an isolated space. The revised PIPA and the Health Care Big Data Platform Pilot Project do not require consent from the data subjects concerning the processing of pseudonymized or health information; furthermore, they prohibit the disclosure of detailed explanations regarding this processing. Hence, it is recognized that in the big data era, the privacy of all individuals can be violated anytime without perception, and privacy protection can no longer be expected from the consent model built on public-private dichotomy. As the impacts of social relationships have become more apparent, an increasing number of attempts have been made to redefine the concept of privacy in terms of these relationships. For instance, proposals have been made to protect privacy by increasing the social value, considering the social contexts in which data subjects disclose personal information, or by establishing laws, thereby exercising political autonomy. Beyond such trends, an approach focusing on “spontaneous practice” should be implemented to release ultimately the powers that attach everyone. Through this, we decide to disclose certain information as having an insight into me, others, and the community’s order. At the same time, we constitute norms for privacy protection as changing our relationships with others and the community. This will help to free everyone from the powers that cut across our inner aspects and attach our thoughts and action in a manner that is compatible with technological development. Here, privacy is expected to function as “the state of being able to release attachment,” and “a condition of free life in which everyone has an insight into and embraces them, others and order, and practice spontaneously.”
|
|
|
KEYWORD
|
|
|
spontaneous practice, privacy, liberalism, social value, republicanism, Personal Information Protection Act, Health Care Big Data Platform Pilot Project, GDPR
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|
|