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Newsletter | December 2013
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BROADCASTING & TELECOMMUNICATION |
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Restrictions on the Location-Based Business Sector Relaxed |
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The Korea Communications Commission (the “KCC”) proposed an amendment to the Act on the Protection and Use of Location Information (the “Location Information Act”) on September 24, 2013. The amendment purports to relax restrictions on various regulations that relate to location information while protecting privacy in order to revitalize the location information industry.
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While the current Location Information Act does not take into account the nature of the location information and requires (i) businesses that collect location information and provide them to location-based service providers to obtain permission and (ii) businesses that provide services based on location information to file a report as location-based service providers, the amendment purports to waive these requirements on businesses that do not collect any “personal location information”.
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Moreover, while the current Location Information Act requires location-based service providers to notify its user of (i) the recipient, (ii) time of provision, and (iii) purpose each time it provides the user’s location information to a third party, such notification will not be required under the amendment if the user voluntarily requests such information to be disclosed.
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On the other hand, the amendment expands the power of the KCC by granting the authority to (i) request information, (ii) examine such information, and (iii) issue corrective orders. The proposed amendment is expected to be submitted to the National Assembly in December, after review by the Ministry of Government Legislation. If the amendments are adopted and passed at the National Assembly, it will facilitate businesses that have not collected personal location information to enter the market.
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