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EU GDPR 위반사례의 분석과 시사점 (A Study on CJEU Cases on GDPR and Their Implications for Korea)

Author

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  • Lee, Kyu Yub

    (KOREA INSTITUTE FOR INTERNATIONAL ECONOMIC POLICY (KIEP))

  • Eom, Jun Hyun

    (KOREA INSTITUTE FOR INTERNATIONAL ECONOMIC POLICY (KIEP))

Abstract

이 보고서는 EU GDPR의 해석에 관한 EU 법원의 판결을 검토하고 우리나라 법령 및 판례와 비교해 수동적 동의, 개인정보의 국외이전, 잊힐 권리에 대한 시사점을 도출했다. 특히 국외로 이전된 개인정보를 타국이 국가안보를 이유로 처리한 경우 개인정보 보호의 적정성이 보장된 것인지를 다룬 EU 법원의 최신 판례를 살펴봤다. This report reviews the preliminary judgments of the CJEU on the interpretation of the EU GDPR and compares them with Korean laws and precedents in order to derive implications related to the validity of passive consent, the basis for the transfer of personal data abroad, and the content and scope of application of the right to be forgotten. The CJEU have ruled that passive consent, such as preselected check boxes, is not a valid agreement. In addition, the ombudsperson mechanism which cannot make any decisions binding on intelligence agencies is not effective judicial redress. That is why the Privacy Shield, which was the basis for the transfer of personal data between the EU and the United States, is invalid. Finally, the deletion from search engines based on the right to be forgotten is restricted to the EU region, not the entire world. (the rest omitted)

Suggested Citation

  • Lee, Kyu Yub & Eom, Jun Hyun, 2020. "EU GDPR 위반사례의 분석과 시사점 (A Study on CJEU Cases on GDPR and Their Implications for Korea)," Policy Reference 20-5, Korea Institute for International Economic Policy.
    • Handle: RePEc:ris:kiepre:2020_005
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