PIPC to Levy 10% Fines for Data Breaches

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Strengthening Personal Data Protection: New Measures Introduced

The Personal Information Protection Commission (PIPC) has unveiled a series of new measures aimed at enhancing the protection of personal data in South Korea. These initiatives include introducing a punitive surcharge special provision that could result in fines of up to 10% of a company's total sales for repeated or major violations of the Personal Information Protection Act.

During a presidential work report held at the Government Complex Sejong Convention Center on the 12th, the commission announced its plan to strengthen sanctions, including this new measure. The goal is to shift the current personal information protection system from one that focuses primarily on post-sanction collection regulations to a more proactive approach.

Punitive Surcharge Special Provision

For repeated or major violations, the PIPC plans to establish a punitive surcharge special provision to ensure strong deterrence. If specific requirements such as intent, gross negligence, or the scale of damage are met, the surcharge ceiling will be increased from the current 3% to up to 10% of sales. This move is intended to encourage companies to take personal data protection more seriously and avoid costly violations.

Compensation for Damages

In addition to the punitive surcharge, the commission will add 'compensation for damages' to the class action requirements under the Personal Information Protection Act. This change will allow affected citizens to demand financial compensation from companies that have violated the act. By enabling individuals to seek redress, the PIPC aims to empower citizens and hold companies accountable for their actions.

Personal Information Damage Recovery Support Fund

To utilize fines from violations for citizen damage recovery, the commission will establish a tentative 'Personal Information Damage Recovery Support Fund.' This fund will serve as a mechanism to channel penalties collected from violators into compensating those who have suffered harm due to data breaches or mishandling.

Damage Recovery Consent Decision System

The PIPC also plans to introduce a 'damage recovery consent decision system.' Under this system, companies that cause accidents can voluntarily propose corrective measures, which are then confirmed by resolution to expedite damage recovery. This initiative encourages companies to take responsibility and actively participate in resolving issues caused by their actions.

Enhancing ISMS-P Certification

For the Information Security Management System for Personal Information (ISMS-P) certification, the commission will introduce a preliminary review and strengthen on-site technical inspections. These changes aim to significantly enhance post-management practices and ensure that certified organizations maintain high standards of data protection.

If major or repeated violations are confirmed, certification will be canceled in principle. This strict approach underscores the importance of maintaining compliance with data protection regulations and ensures that only organizations meeting the highest standards are certified.

Chief Privacy Officer Requirement

Finally, the commission intends to introduce a system requiring the designation and reporting of a Chief Privacy Officer (CPO) for major institutions handling large-scale or sensitive information. This requirement will ensure that there is a dedicated individual responsible for overseeing data protection efforts within these organizations.

By implementing these measures, the PIPC aims to create a more robust and effective personal data protection framework that safeguards citizens' information and holds organizations accountable for their actions.

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