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(영문) 서울중앙지방법원 2016.08.12 2016노223
개인정보보호법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Personal Information Protection Act in relation to the acquisition of personal information by Defendant A, B, C, D, E, F, and I (hereinafter “I”) by unlawful means, Defendant A (hereinafter “the Act”), Articles 59 subparag. 1 and 15, 17, and 15 (Collection and Use of Personal Information) of the Personal Information Protection Act (hereinafter “Act”), and Article 15 (Collection and Use of Personal Information) of the Act (hereinafter “Act”), a person who manages personal information may collect personal information and use it for the purpose of collection in any of the following cases:

1. Where the consent is obtained from the subject of information, the manager of the personal information shall notify the subject of information of the following matters when obtaining the consent under paragraph (1) 1:

Even where any of the following matters is modified, it shall be notified and the consent thereof shall be obtained:

1. The purpose of collection and use of personal information;

2. Items of personal information to be collected;

3. The period for retaining and using personal information;

4. If a person has a right to refuse consent, or is disadvantaged due to the refusal of consent, Article 17 of the Act (Provision of Personal Information) (1) provides (including sharing of personal information to a third party in any of the following cases:

(hereinafter the same shall apply).

1. Where the consent is obtained from the subject of information, the manager of the personal information shall notify the subject of information of the following matters when obtaining the consent under paragraph (1) 1:

Even where any of the following matters is modified, it shall be notified and the consent thereof shall be obtained:

1. A recipient of personal information;

2. The purpose of using personal information of the recipient;

3. Items of personal information provided;

4. The period during which a recipient retains and uses personal information;

5. The fact that there is a right to refuse consent and disadvantage resulting from the refusal of consent, Article 59 (Prohibition of Prohibition) of the Act.

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