South Korea Data Protection

Personal Information Protection Act Overview

1. Introduction

The Personal Information Protection Act represents South Korea’s comprehensive data protection framework, widely recognized as one of the world’s strictest privacy regimes. Enacted in 2011 and significantly amended in 2020 to align with international standards, PIPA establishes robust requirements for the collection, use, and management of personal information. The 2020 amendments consolidated South Korea’s privacy laws and strengthened the law’s enforcement mechanisms.

Unlike more flexible frameworks, PIPA takes a prescriptive approach to data protection, setting specific technical and operational requirements that organizations must follow. This reflects South Korea’s strong emphasis on individual privacy rights and information security in the digital age.

2. Scope and Application

PIPA applies to virtually all processing of personal information in South Korea, whether by public or private entities. Its provisions extend to organizations outside Korea that process Korean residents’ personal information.

Entity TypeCoverageMain Obligations
Public InstitutionsAll government agencies and public bodiesFull compliance with enhanced oversight
Private OrganizationsAll businesses processing personal informationComprehensive compliance requirements
Information and Communications ProvidersOnline service providers and telecomsAdditional sector-specific obligations

Protected Information Categories

CategoryExamplesSpecial Requirements
Personal Information – Name and resident registration number
– Contact information
– Address details
– Online identifiers 		Basic protection measures required
Sensitive Information – Medical history
– Ideological beliefs
– Union membership
– Biometric data 		Explicit consent and enhanced security required
Unique Identifier Information – Resident registration numbers
– Passport numbers
– Driver’s license numbers 		Processing restricted by law, special safeguards required

3. Core Requirements

PIPA establishes specific obligations for the collection and handling of personal information, with emphasis on explicit consent and purpose limitation.

RequirementWhat It MeansPractical Implementation
Informed Consent
  • Detailed explanation of data use
  • Separate consent for each purpose
  • Clear opt-in mechanisms
Like having individual checkboxes for each way you’ll use someone’s data
Technical Security
  • Encryption requirements
  • Access controls
  • Regular security audits
Like having multiple locks and security cameras in a vault
Data Minimization
  • Collect minimum necessary data
  • Regular disposal of unnecessary data
  • Purpose limitation
Like only keeping essential customer information

4. Individual Rights

PIPA grants individuals extensive rights over their personal information, requiring organizations to implement robust processes for handling rights requests.

RightDescriptionOrganization’s Obligation
Right to AccessView all personal information heldProvide complete information within 10 days
Right to CorrectionFix incorrect informationVerify and correct within 10 days
Right to DeletionRemove personal informationDelete and confirm within 10 days
Right to Suspend ProcessingStop use of personal informationImmediately cease processing upon request

5. Enforcement and Penalties

The Personal Information Protection Commission (PIPC) enforces PIPA with strong investigative and punitive powers. South Korea’s enforcement regime is known for its stringent approach and significant penalties for violations.

Organizations can face administrative fines of up to 3% of their revenue for serious violations, and criminal penalties including imprisonment for up to 5 years or fines up to 50 million won (approximately US$45,000). The PIPC can also order corrective measures, suspension of data processing, and public announcement of violations.

Scroll to Top