Seung-Soon Choi, Soongki Yi and WonHyung Kim of Yoon & Yang LLC write:
- New Provision Restricting the Collection of Resident Registration Numbers Established in the Personal Information Protection ActThe Personal Information Protection Act (the “PIPA”) currently provides that personal information handlers may handle “personally identifiable information” only after notifying the information subject of the collection of personal information, purpose of use and items of personal information to be collected, and obtaining the consent of the information subject (Article 24(1)(i) of the PIPA). However, Article 24-2 of the PIPA (effective date: August 7, 2014), which was newly established upon the amendment of the PIPA on August 6, 2013, provides that, among the types of personally identifiable information, “resident registration numbers” may be collected and handled only in the following limited circumstances: (i) in cases where the handling of resident registration numbers is specifically required or permitted by law, and (ii) in cases where it is clearly necessary for the urgent benefit of the life, health or property of the information subject or a third party. Based on the tenor of the above amended provision of the PIPA and the comments regarding the relevant text of such amended provision, “the consent by the information subject” does not necessarily mean that the collection of the information subject’s resident registration number is lawful, and it would be interpreted that the amended provision of the PIPA above restricts the collection and handling of resident registration numbers unless permitted by law or unavoidable urgency, even in cases where the information subject has consented to the collection and handling of personal information.
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