빅데이터 규제의 새로운 패러다임 모색을 위한 연구- 개인정보 보호법제의 한계와 리스크규제체제로의전환가능성에 대한 검토를 중심으로 -

초록

There are many legal and regulatory issues surrounding Big Data and its use, however, the related legal discussions in Korea are locked up within the boundaries of the Personal Information Protection Act and the related legal system. Regulation of Big Data, hence, calls for a new perspective as well as a new regulatory paradigm and/or legal theory, which can work and be compatible or suitable in fast-changing technical, socio-psychological, policy, and economic environment. Having said that, this article is an attempt to search for a new approach to Bid Data regulation, by interpreting the nature of Big Data risk as a side effect of high technology and technology that provides great social benefits. Hence, this article first examined Big Data as a regulatory subject: it analyzed the concept and definition of Big Data, whether it genuinely exists, whether it is an independent phenomenon, its benefits and risks. Next, this article examined the tension between Big Data and the Personal Information Protection Act, the limitation of the remedies the Act provides for, and of the current regulatory regime under the Act. Then this article explored the possibility and feasibility of shifting the regulatory paradigm into the risk-based regulation. In doing so, this article has first analyzed the crucial issues in designing a new regulatory regime for Big Data: the starting point, i.e. whether the new regime should be based on the concept of ‘personal information’, and the issue of responsibility and control. Finally it has demonstrated that the threats to privacy and personal information can indeed be considered as a risk or new public interest, and thus, a shift to into the risk-based regulation is a real feasibility for Big Data.

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