A Study on the Liability of Information Protection for the Third Party Supply of Personal Information/Focus on Fintech Companies Using OPEN APIs

Jo-eun Kim, In-seok Kim

Abstract


It is actively opening the market to fintech companies through open platforms, such as financial institutions and public institutions. In this thesis, we will look at the conceptual differences between the “provision of third-party information” and “entrustment” of information protection related laws, such as the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Data Protection Etc (Network Utilization Protection Act). In addition, the legal obligation to provide information regarding the legal rights of information is considered to be relevant, whereas the legal obligation of the private information provided by the company is excessively mitigated, whereas the legal obligation of the company to provide information is excessively mitigated. In addition, I suggest self-diagnosis checklist to help fintech companies improve their privacy levels. It was found that the level of information protection was relatively insufficient compared to the consignees based on the results of a survey conducted for 31 fintech companies. Aggressive use of the checklist is suggested to raise the level of information protection for those companies.


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References


Financial services commission, “Project assignment task for financial reform- Clear reference criteria for consignment of personal credit information processing,” 2015.

Financial services commission, Financial supervisory service, Ministry of the Interior, “Guidelines for personal information protection in financial field,” pp. 30-33, 2016.

Judgement of Seoul Central District Court, 2008-Ga-Hap-49696, 2011.

Judgement of supreme court, 2011-do- 1960, 2011.

Judgement of supreme court, 2016-do- 13263, 2017.

Judgement of supreme court, 2016-do- 13263, p. 17, 2017.

Kang, M.-S. and Back, S. J., “A Study of Self-Checklist for Personal Information Protection of FinTech Service: For the Simple Payment Service,” The Journal of Society for e-Business Studies, Vol. 20, No. 4, pp. 77-102, 2015.

Kang, T.-H., “A Study on Consigned Party Management System Enhancement for Personal Information Protection,” Journal of The Korea Institute of Information Security and Cryptology(JKIISC), Vol. 23, No. 4, pp. 781-797, 2013.

Kim, G.-Y., “Correct understanding of the differences between consignment of personal information processing and provision of personal information processing to a third-party, http://www.sgsecurity. co.kr, 2016.

Ko, Y.-D., “A Proposal of Enhanced Personal Information Security management Framework of Consigning of Personal Information,” Journal of The Korea Institute of Information Security and Cryptology(JKIISC), Vol. 25, No. 2, pp. 383- 393, 2015.

Korea communications commission, KISA, “Manual on privacy protection statement for information service providers,” pp. 44-48, 2012.

Korea Internet and Security Agency, “Examples of personal information protection counseling,” p. 21, 2017.

Korea Internet and Security Agency, “Perspective trend and prospect of fintech Industry in domestic and foreign countries,” p. 5, 2015.

Korea Software Industry Association, “Investigation on employees of fintech industrial workforce and training on education,” p. 25, 2016.

Ministry of the Interior, “Manual of PERSONAL INFORMATION PROTECTION ACT and related regulations,” pp. 90-91, 2016.

Ministry of the Interior, Personal Information Protection Commission, “2016 Survey report on personal information protection,” pp. 43-44, 2016.

Ministry of the Interior, Personal Information Protection Commission, “2016 Survey report on personal information protection,” pp. 82-83, 2016.

Mun, K.-T., “A Study on the Supply of Personal Information to a Third Person and the Consignment of Personal Information to a Third Person,” Ewha Law Journal, Vol. 14, No. 1, pp. 231-252, 2009.

The bank of Korea, “The future of digital innovation and financial services,” pp. 50-51, 2017.


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