SOUTH KOREA Law and Practice Contributed by: Brian Tae-Hyun Chung, Haewon Han, Jung-Chull Lee and Ari Yoon, Kim & Chang
(b) individuals who are currently involved in a dis - pute mediation process under different laws or regulations for the same issue; and (c) individuals who have filed a lawsuit regarding the personal information infringement in ques - tion. • The case’s key issues must share common factual or legal characteristics. Despite this framework, collective dispute mediation has been rarely utilised. 3. Requirements for the Protection and Processing of Non-Personal Data 3.1 Objectives and Scope of Data Regulation There are no general laws or regulations governing the protection and processing of non-personal data. Instead, such matters are regulated under sector- specific legislation. For instance, in the field of cloud computing, the Cloud Computing Act applies. While the Cloud Computing Act does not prescribe specific provisions on data transfer, it prohibits a cloud ser - vice provider, or any third party that has received user information from the provider, from providing such information to another third party or using it for pur - poses other than service provision without the user’s consent, unless required to do so by a court order or a warrant issued by a judge. Separately, depending on the type of issue, the follow - ing individual laws and regulations may apply. • Security and safety management: the Network Act mandates manufacturers and importers of IoT devices to implement protective measures to ensure the stability and reliability of information and communications networks. Additionally, the Network Act includes an information protection certification system for IoT products. • Data sharing: there is no law similar to the EU Data Act that directly requires data holders to share data during the development, launch or operation of IoT products. However, the Framework Act on Promo - tion of Data Industry and Promotion of Use allows the government to support the establishment of data distribution and transaction systems.
• For issues such as wiretapping, Korean law restricts recording and listening to conversations among unspecified individuals. Service providers need to ensure compliance with these restrictions to avoid violations, including under the following: (a) the Protection of Communications Secrets Act – prohibits unauthorised wiretapping and recording of undisclosed conversations; (b) the Network Act – forbids damaging, misap - propriating or divulging others’ information processed through a communications network; and (c) the Korean Criminal Code – deems it illegal to obtain confidential documents or electronic records through technical means without au - thorisation. • Location information: in Korea, the use of location information is governed by the Location Informa - tion Act. The Location Information Act is particular - ly relevant when collecting and using location data. 3.2 Interaction of Data Regulation and Data Protection Under Korean law, the frameworks mentioned in 3.1 Objectives and Scope of Data Regulation apply con - currently, unless a specific statue expressly excludes the application of another. For personal information, the PIPA serves as the general law. In cases where a more specific statute governs a particular type of personal information, that statute prevails over the PIPA under the lex specialis principle. For instance, as a special law for location information, the Location Information Act takes prec - edence over the PIPA for location information. 3.3 Rights and Obligations Under Applicable Data Regulation Unlike personal information, which entails specific legal rights and obligations under the PIPA, non- personal information faces lighter regulation, unless such non-personal information falls into special cat - egories (eg, state secrets). For instance, data subjects whose personal information is processed may exer - cise the data subject’s rights under the PIPA, such as access and data portability, and data controllers must respond promptly.
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