Introduction:
With the rise of the digital age, the protection of personal information has become a crucial concern for individuals, organizations, and governments worldwide. In response, the OECD developed a set of eight principles to guide the responsible handling of personal data. Korea has implemented its own Personal Information Protection Act (PIPA), which is closely aligned with the OECD's guidelines. In this blog post, we will examine how the PIPA maps to the OECD's 8 principles.
The OECD's 8 principles:
- Collection Limitation Principle: There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
- Data Quality Principle: Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date.
- Purpose Specification Principle: The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfilment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.
- Use Limitation Principle: Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with Paragraph 9 except: a) with the consent of the data subject; or b) by the authority of law.
- Security Safeguards Principle: Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data.
- Openness Principle: An individual should have the right: a) to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him; b) to have communicated to him, data relating to him i) within a reasonable time; ii) at a charge, if any, that is not excessive; iii) in a reasonable manner; and iv) in a form that is readily intelligible to him; c) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and d) to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.
- Individual Participation Principle: This principle gives individuals the right to access their personal data and to request corrections if necessary. This ensures that individuals have control over their personal data, and can ensure that it is accurate and up-to-date.
- Accountability Principle: A data controller should be accountable for complying with measures which give effect to the principles stated above.
Korea's Personal Information Protection Act (PIPA)
- The personal information controller shall specify explicitly the purposes for which personal information is processed; and shall collect personal information lawfully and fairly to the minimum extent necessary for such purposes.
- The personal information controller shall process personal information in an appropriate manner necessary for the purposes for which the personal information is processed, and shall not use it beyond such purposes.
- The personal information controller shall ensure personal information is accurate, complete, and up to date to the extent necessary in relation to the purposes for which the personal information is processed.
- The personal information controller shall manage personal information safely according to the processing methods, types, etc. of personal information, taking into account the possibility of infringement on the data subject’s rights and the severity of the relevant risks.
- The personal information controller shall make public its privacy policy and other matters related to personal information processing; and shall guarantee the data subject’s rights, such as the right to access their personal information.
- The personal information controller shall process personal information in a manner to minimize the possibility of infringing the privacy of a data subject.
- If it is still possible to fulfil the purposes of collecting personal information by processing anonymized or pseudonymised personal information, the personal information controller shall endeavor to process personal information through anonymization, where anonymization is possible, or through pseudonymisation, if it is impossible to fulfil the purposes of collecting personal information through anonymization.
- The personal information controller shall endeavor to obtain trust of data subjects by observing and performing such duties and responsibilities as provided for in this Act and other related statutes.
How the PIPA maps to the OECD's 8 principles
- Collection Limitation Principle: Paragraphs (1), (6), and (7) of Article 3 of PIPA require that personal information should only be collected for a specific, legitimate purpose, and that individuals must be informed of the purpose for the collection. The Act also emphasizes the importance of minimizing the possibility of infringing the privacy of a data subject.
- Data Quality Principle: Paragraph (3) of Article 3 of PIPA requires that personal information must be accurate and up-to-date, and that reasonable steps must be taken to ensure its accuracy.
- Purpose Specification Principle: Paragraph (1) of Article 3 of PIPA requires that organizations clearly specify the purpose of collecting personal information, and that individuals must be informed of the purpose.
- Use Limitation Principle: Paragraph (2) of Article 3 of PIPA requires that personal information must only be used for the purpose for which it was collected, and that individuals must be informed of the use.
- Security Safeguards Principle: Paragraph (4) of Article 3 of PIPA requires that personal information must be protected by technical, administrative, and physical measures against unauthorized access, destruction, alteration, or leakage.
- Openness Principle: Paragraph (5) of Article 3 of PIPA requires that organizations must disclose the purpose of collecting personal information, the method of collection, and the rights of individuals.
- Individual Participation Principle: Paragraph (5) of Article 3 of PIPA grants individuals the right to access and correct their personal information, and that organizations must respond to these requests.
- Accountability Principle: Paragraph (8) of Article 3 of PIPA requires that organizations take responsibility for protecting personal information, and that they are held accountable for breaches.





