|
|
|
|
|
Newsletter | July 2016, Issue 2
|
|
|
|
|
|
|
TECHNOLOGY, MEDIA & TELECOMMUNICATIONS
|
|
|
|
Supreme Court Overturns Seoul High Court’s Decision Regarding Personal Data Turnover to Investigative Authorities under the Telecommunications Business Act
|
|
|
|
In overturning a Seoul High Court’s decision, the Supreme Court recently held that a telecommunications service provider (“TSP”) may provide its customers’ personal data to investigative authorities without obtaining consent of its customers, unless there is clear and objective evidence of abuse by the investigative authority7.
|
|
|
|
Background
|
|
|
|
In this case, the investigative authority requested the TSP to provide the personal data of its customers without a court-issued warrant.
|
|
|
|
Although the Telecommunications Business Act (“TBA”) permits TSPs to provide telecommunications data, including personal data, to investigative authorities without a court- issued warrant, the Seoul High Court found the TSP liable for damages, since it failed to obtain the consent of customers before providing such data.
|
|
|
|
The Seoul High Court reasoned that the TBA only imposes a general obligation on TSPs to cooperate with investigative authorities, and did not specifically require TSPs to provide personal data pursuant to requests.
|
|
|
Further, the Seoul High Court held that TSPs have a duty to: (1) evaluate each request on a case-by-case basis to determine whether data should be provided; and (2) implement adequate procedures to protect the personal data of their customers.
|
|
|
|
|
Supreme Court’s Decision
|
|
|
|
The Supreme Court reversed the Seoul High Court’s decision, finding that TSPs do not have a duty to examine the totality of circumstances of each request when providing personal data to investigative authorities. Rather, TSPs may provide such data without comprehensively considering factors, such as the legitimacy and urgency of the request, and possible violations of the customers’ fundamental rights.
|
|
|
|
|
In other words, so long as the personal data was provided in response to a request that followed applicable procedures and formalities, the Supreme Court held that the TSP did not violate its customers’ rights over their personal data.
|
|
|
However, recognizing potential abuse by investigative authorities, the Supreme Court did impose an obligation on TSPs to refrain from providing personal data under exigent circumstances where there is clear and objective evidence of abuse.
|
|
|
|
|
Potential Impact
|
|
|
|
This recent Supreme Court decision is significant, because it allows TSPs to provide telecommunications data, including personal data, to investigative authorities under the TBA without having to evaluate why such a request was made.
|
|
|
|
However, there is still an obligation for TSPs to investigate whether: (1) the request followed applicable procedures and formalities; and (2) there are any exigent circumstances evidencing abuse by the investigative authorities.
|
|
|
|
|
|
|
|
| 7 |
|
2012Da105482, Supreme Court, decided March 10, 2016, reversing 2011Na19012, Seoul High Court, decided on October 18, 2012.
|
|
|
|
|
|
Back to Main Page
|
|
|
|
|
|
If you have any questions regarding this article, please contact below:
|
|
|
|
|
|
|
|
For more information, please visit our website:
|
|
|
|
|
|
|
|