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Asian Data Privacy LawsTrade & Human Rights Perspectives$
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Graham Greenleaf

Print publication date: 2014

Print ISBN-13: 9780199679669

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199679669.001.0001

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South Korea—The Most Innovative Law

South Korea—The Most Innovative Law

(p.122) (p.123) 5 South Korea—The Most Innovative Law
Asian Data Privacy Laws

Graham Greenleaf

Oxford University Press

South Korea’s new Personal Information Protection Act (PIPA) of 2011 has comprehensive private and public sector scope, and includes strong and innovative privacy principles, and much stronger enforcement measures. This chapter first sets out South Korea’s successful transitions from dictatorship to democracy, and the strong context of constitutional protection for privacy resulting. PIPA is analysed in detail, particularly the many unusual and innovative principles and requirements it contains. The enforcement of South Korea’s privacy laws have involved, for over a decade, an innovative means of resolving privacy disputes by a mediation body, the payment of modest amounts of compensation, and a high degree of transparency. South Korea is moving away from the ‘ministry enforcement’ model, because PIPA now includes a data protection authority, the Personal Information Protection Commission (PIPC). The PIPC’s role is as yet less clear and its enforcement activities yet to be demonstrated. North Korea’s surveillance state is also briefly considered.

Keywords:   data protection, privacy, Asia, South Korea, data protection authority

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