Contribution to Lexology: “Q&A: personal data handling and processing in South Korea”

Dentons Lee has published an insightful Q&A article with Lexology titled "Q&A: personal data handling and processing in South Korea."

The article examines the lawful grounds for the collection and use of personal information under Korea's Personal Information Protection Act (PIPA), as well as the principal obligations of personal information controllers. It explains the key legal grounds for processing, including the data subject's consent, contractual necessity, compliance with statutory obligations, the urgent protection of life, body or property, and the legitimate interests of the controller.

It also discusses the heightened processing requirements applicable to sensitive information, unique identifying information, and pseudonymized information, while outlining essential disclosures required for data subjects-such as processing purposes, categories of collected data, retention and use periods, and potential disadvantages resulting from a refusal to consent.

In addition, the article addresses further notification requirements relating to third-party provision, outsourced processing, cross-border transfers, and automated decision-making, as well as the fundamental principles of data accuracy, data minimisation and purpose limitation. It highlights that personal information must be collected and used strictly within the scope necessary for stated purposes and destroyed without delay once those purposes are fulfilled unless statutory retention applies.

The article provides practical guidance to help businesses understand and review the principal requirements and obligations applicable to the processing of personal information under PIPA.

The contribution was co-authored by Arthur J. Choy, Sungsok Yang, Eunjee Kim, and Sung-Eun Ahn of Dentons Lee.

Read the full article at the link below: Q&A: personal data handling and processing in South Korea - Lexology

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