Research Report
A Study of Legislation for Big-Data Utilization and Protection
Ⅰ. Backgrounds and Purposes
▶ Recently, it is focused on the legal status of data, the right and liability of legal parties to a transaction at each stage of creation, processing, distribution, and storage of big-data with and increasing interest about the Data Economy.
○ In order to secure data-related market trust and establish a virtuous cycle of the big data industry, it is necessary to develop an optimal legal model that helps achive the fundamental purposes of using big data and information protection, and to lay a legislative basis therefor.
- In this study, we clarify the definition of big data and data and the legal relationship between parties to data transactions.
- In addition, it is possible to suggest the desirable direction of laws related to the protection of party rights and information protection, including the protection of property rights for each type of data collected, stored, utilized, and distributed in terms of data protection.
- In particular, based on the legal status of 'data' as an object of rights and obligations and the legal relationship between parties to data-contracts , the legislative measures are presented for revitalizing the 'data economy' between the facilitating utilization of big data and the protection of information in a balanced manner.
Ⅱ. Major Content
▶ This study analyzes laws related to the use of big data and information protection, and analyzes the legal definition and status of data by reflecting the data ecosystem (creation, collection, analysis, and utilization) according to the data value creation system and the characteristics of data.
○ By examining the definitions of big data and similar concepts and the concept of data by type, the legal status of data under the current legislation is analyzed, and the need for improvement for the use of big data is suggested.
○ The related policies on the use of big data and information protection, as well as the legal systems related to data subjects and information protection objects, are analyzed with a focus on the relevance of big data.
▶ This study summarizes about the results of the legislative review for each issue obtained through the FGI survey for related experts and the results of Big Data Legislative Forum, for analyzing the composition and main contents of the legislative system related to big data utilization and information protection, and for analyzing the legal issues related to big data utilization and information protection,
○ In order to utilize big data, it is necessary to create a variety of legislative environments such as the construction of a data management system, protection of property rights, and measures to prevent data pollution along with the development of AI technology.
○ In order to explore a practical and effective legislative model, Focused Group Interview and Delphi analysis are conducted for various issues related to data utilization, data subject rights protection, and data protection, which is an object as a legal relationship in data transactions, and the results thereof are presented.
○ The Big Data Legislative Forum, aimed at setting the direction for legislative improvement in the use of big data and information protection, provided a platform for in-depth discussions on such topics as (i) clarification of the scope and type of data concept and legal status, (ii) securing regulatory consistency between data-related laws, (iii) reorganization of legal regulations and improvement of regulations, and (iv) big data information protection and resolution of gaps in cross-border trade regulations.
▶ To clarify the legal status of data as a party to data-related legal acts and as a transaction object, the reorganization of overseas data-related laws and domestic legislative implications are presented.
○ When specific statutes or regulations relating to th Framework Act on Data Industry Development and Data Utilization Promotion are proposed, it should be recommended to specify and present standard contracts by type so that the characteristics of data and the legal relationship between parties can be clearly presented at each stage of provision, transaction, and distribution of the data.
○ Especially, according to the characteristics of the data rights subject, the parties concerned are specified for each transaction of data provision and transaction/distribution, and their rights and obligations are clearly presented, while risk sharing and various legislative considerations are required, such as the provision of immunity from specific parties.
▶ Ensuring regulatory consistency between data-related laws
○ As the Framework Act on Data Industry Development and Data Utilization Promotion passed at the plenary session of the National Assembly on September 28, 2021, the legislative basis has been laid for the use of data and protection of related rights. Depending on the future legislative situation, it is necessary to ensure regulatory consistency in related laws and regulations.
○ In particular, in the process of discussing data rights protection, data transaction promotion, and industrial revitalization, the concept of data property rights requires a legislative discussion on the nature of data as an economic goods and the integrity of data as a transaction object.
▶ Addressing regulatory gaps in data privacy and cross-border transactions
○ Protection of data and information by means of preventing data leakage and illegal use, contractual protection, protection under the Unfair Competition Prevention Act, and protection under the Copyright Act are required.
○ In order to resolve the regulatory gap in cross-border data transactions or ensure compliance with international digital norms, it is necessary to identify various regulatory trends related to information collection and AI and to actively reflect them in the domestic legislative process.
Ⅲ. Expected Effects
○ This study is expected to be utilized as research data, reflecting the most recent discussions on the use of big data and information protection legislation.
○ This study comprehensively analyzes the legislation on big data utilization and information protection, and suggests the future development of data-related industries and the legislative direction for information protection through a balanced discussion on data utilization promotion and information protection.
○ This study provides a certain direction for the establishment of a legal relationship between the parties to data collection, production, provision, distribution and use and the rights and obligations fo the parties in accordance with the enactment of the Framework Act on Data Industry Development and Data Utilization Promotion (abbreviation: Data Industry Act).