13 June 2022
[Publication] Release of Jurisdiction Report on the status of consent for processing personal data (South Korea)
Following the release of the jurisdictional report on China under the joint project between ABLI and the Future of Privacy Forum (FPF) on From Consent-Centric Data Protection Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific, ABLI and FPF continue the momentum by publishing the jurisdictional report on South Korea under the project this week.
The South Korea report provides a detailed overview of relevant laws and regulations in the country that cover:
- notice and consent requirements for processing personal data;
- the status of alternative legal bases for processing personal data which permit processing of personal data without consent if the data controller undertakes a risk impact assessment (e.g., legitimate interests); and
- statutory bases for processing personal data without consent and exceptions or derogations from consent requirements in laws and regulations.
The report is available for free download here.
Over the coming weeks, ABLI and FPF will continue publishing similar reports for the remaining 12 jurisdictions, which are Australia, Hong Kong SAR, India, Indonesia, Japan, Macau SAR, Malaysia, New Zealand, the Philippines, Singapore, Thailand and Vietnam.
The joint project will culminate in the release of a comparative review paper built upon the 14 jurisdiction reports, which will provide detailed recommendations to promote legal convergence around requirements for processing personal data in Asia Pacific.
ABLI and FPF hope that these publications will prove useful to lawmakers, governments, and regulators in Asia (and beyond) who are currently drafting, reviewing, or implementing data protection laws in their respective jurisdictions.
For more detailed descriptions of the joint project and the South Korea jurisdiction report, please read the blog post here.