On June 25, 2019, the amended Enforcement Decree of the Act on the Promotion of Information and Communication Network Utilization and Information Protection, Etc. (the “Network Act”) and the Enforcement Decree of the Location Information Protection Act (“LIPA”), both of which stipulate the detailed process through which a legal guardian’s consent to the collection, use, and provision of personal (and location) information of minors under 14 can be confirmed, became effective.  

These are follow-up measures to the amendments to the Network Act (promulgated December 24, 2018; effective June 25, 2019) and the LIPA (promulgated December 24, 2018; effective June 25, 2019).  While the duty to confirm the consent of a legal guardian to the collection, use, and provision of personal and location information of minors under 14 had already existed, the amended Network Act and LIPA promulgated that the specific confirmation processes will be determined by the abovementioned enforcement decrees.  

Although the Korea Communications Commission had previously announced that it planned to instate a grace period until the end of 2019 in order to prevent any confusion due to the amendments, businesses should nonetheless be prudent in its compliance with these amendments because businesses may be subject to administrative fines if they were to collect personal and location information of users under 14 without their legal guardians’ consent in violation of the Network Act or the LIPA, as well as criminal penalties (i.e., imprisonment of up to 5 years or criminal fine up to KRW 50 million) in case of violation of the Network Act.   

Below are the specific confirmation processes set forth in the amendments: 

Main Points on the Process of Confirming Legal Guardians’ Consent 

1. The legal guardian shall indicate his/her consent on the website where the details of what he/she is consenting to are published, and the telecommunications service provider (or the location information service provider) shall confirm such consent by sending a notice to the legal guardian’s mobile phone number.

2. The legal guardian shall indicate his/her consent on the website where the details ofwhat he/she is consenting to are published, and the legal guardian shall confirm such consent by providing his/her credit card or debit card information.

3. The legal guardian shall indicate his/her consent on the website where the details of what he/she is consenting to are published, and the legal guardian shall certify his/her identity by self-authentication process through his/her mobile phone

4. The business seeking consent shall deliver a document detailing what the legal guardian is consenting to, whether in person or via mail or fax, and then have the legal guardian submit the signed document to indicate his/her consent.

5. The business seeking consent shall send the legal guardian an email including the details of what he/she is consenting to, and then have the legal guardian indicate his/her consent via email.

6. Call the legal guardian to notify the details of what he/she is consenting to via phone and then have the legal guardian indicate his/her consent through the phone, or provide instructions on how the legal guardian may confirm such details on the internet website, followed by another call to obtain consent.

7. Any other method through which the legal guardian can be notified of the details of what he/she is consenting to and consent can be obtained and is substantially in accordance with those set forth in Clauses 1 through 6.