Presented below is an overview of the key content of the 2022 plans of the Korea Communications Commission (the “KCC”), the Ministry of Science and ICT (the “MSIT”), and the Personal Information Protection Commission (the “PIPC”). Business plans announced at the beginning of the year summarize key policy goals and specific implementation tasks that each department will focus on in the coming year, and is likely to be implemented in the near future. Hence, business plans are a useful tool for understanding the broadcasting and communication sector’s policy goals this year.
The KCC established various laws and regulations to create a sustainable broadcasting and communications ecosystem, promote the rights and interests of users, and reflect changes in the media environment, as well as plans for status inspections and supporting policies. The MSIT has announced their commitment to support the promotion of future technologies and innovation, including plans to deregulate. The PIPC has set three major policy goals: realization of a privacy-safe society, activation of a trust-based data economy, and advancement of personal information protection in the public domain. The PIPC has proposed specific policies such as enactment and amendment of laws, regulations, and guidelines accordingly.
In the following sections, we will briefly introduce various regulations, policies, and amendments relevant to broadcasting and telecommunications businesses based on each institution’s business plans for 2022.
1. KCC’s Major Business Plans for 2022
A look into the KCC's business plan confirms that the KCC is pursuing various policies that focus on user protection and fair competition as it responds to various new industries and services that are prevalent within the broadcasting industry.
| Areas |
Key Contents |
| Regulations on Platform Operators |
- Set up a comprehensive regulatory system to ensure fair competition in the platform industry and protect consumers. The KCC will seek stakeholders' opinions on the scope of application, the procedures and methods in detail, etc., and prepare proposals for enacting the subordinate laws.
- Expand the scope of services that are evaluated under the Telecommunications Business Act to include platform operators whose user volume is rapidly increasing.
- Identify measures to impose obligations on platform operators to prevent online distribution of information that violates the Mobile Device Distribution Improvement Act and discriminates against users.
- Overhaul and enforce subordinate laws and regulations, which provide specific types of and criteria for unfair market acts committed by app market operators and acts that undermine user interests, and conduct a survey on the overall operation of the app market in the second half of this year.
|
| Broadcasting/Communications, OTT |
- Propose the Audiovisual Media Services Act, a media regulatory system that differs from the current regulatory system, in consideration of the vitalization of competition by media services, enhancing public interest and protecting users, etc.
- Amend the Telecommunications Business Act to prevent excessive payment through online personal broadcasting and monetary damage caused by illegal transactions (review measures such as payment limits, strengthening protection of minors, operating user protection windows, and imposing obligations to prevent illegal transactions on internet personal broadcasting service providers).
- Amend the enforcement decree of the Telecommunications Business Act to expand the mandatory notification methods for users in cases of communication errors, and reduce the base time for notifying suspension of other communications services from 4 hours to 2 hours.
|
| Location Information Businesses |
- Ease restrictions on entry into location information businesses from a permit system to a registration system, and follow-up on actions such as amending subordinate laws and regulations to the modified Act on the Protection and Use of Location Information, which improved the protection of users’ rights and interests.
- Execute a periodic review of the status of location information providers, including the status of location information protection.
|
2. MSIT’s Major Business Plans for 2022
The MSIT is focusing on promoting data-related industries, which are key future growth engines, in order to lay the groundwork for promising industries such as big data, cloud computing, and Artificial Intelligence.
| Areas |
Key Contents |
| Data (Data Dam Expansion) |
- Expand big data platforms that support the collection, analysis, and distribution of various big data platforms by sector (16 in 2021 → 21 in 2022).
- Expand the number of big data centers that systematically create and manage big data by major institutions (180 center → 230 centers).
|
| Cloud Computing (Expansion of Public/Private Cloud Transition) |
- (Public) Support consulting for private cloud transition of major public systems (40 institutions, KRW 7 billion) and advance leading projects (KRW 3.3 billion). Follow-up with deregulation to expand the transition into cloud services in the public sector, announced in the third Basic Plan for Cloud Computing in September 2021.
- (Private) Expand the scope of support for cloud transition of businesses demanding such services, from 500 in 2021 to 900 in 2022.
|
| Virtual Convergence Services |
- Develop a metaverse platform (KRW 66.8 billion) that can be utilized in major areas of civilian life and business activities (10 areas including cities, education, manufacturing, etc.)
|
| Artificial Intelligence |
- Establish basic legislation to foster the Artificial Intelligence industry and protect users (Artificial Intelligence Act).
- Currently, eight general bills to regulate Artificial Intelligence (regulations to ensure reliability, protection of technology, safety guidelines, emergency suspension measures, notification, etc.) have been proposed to the National Assembly and amendments to other relevant laws are underway.
|
3. PIPC’s Major Business Plans for 2022
The PIPC is searching for approaches to improve rights and actualize such rights, with the goal of ensuring the protected used of personal information and promoting a trust-based data economy.
| Areas |
Key Contents |
| Resolving Weaknesses in Personal Informational Protection |
- Conduct Inspections on industries such as the insurance industry where customized online advertising and use of sensitive information is widespread. In particular, 100 apps with the highest usage rates will be selected for a thorough analysis of use of smartphone app users behavioral information
- Prepare comprehensive guidelines for the protection of personal information in customized advertisements
- Subdivide personal information protection measures by age and processing stage for children and youth and establish a basic plan to protect the personal information of children and youth. More specifically, expand the scope of protection currently limited to children (under 14 years of age) under the existing Personal Information Protection Act, to adolescents
|
| Actualize Data Subject Rights |
- Standardize industry-specific processing policies that are visualized for easy understanding of processed information (“Personal information processing labeling system”), and enhance transparency by evaluating and providing suggestions.
- In line with the purpose of the Personal Information Protection Act amendment, which expands the basis for collection and use of personal information under agreements, the methods of processing personal information shall be materialized not by collecting personal information that is essential to the provision of services through consent but by clarifying other matters and obtaining simple consent.
- Establish a regulatory system for personal visual data (safe use of visual data, establishment of a legal basis for CCTV control centers, and securing safety) considering the difficulty of obtaining prior consent.
|
| Expand Personal Information Safety Capacity |
- Expand capacities for personal information safety measures through discussions of platform operators and service providers with the industry, regarding their responsibilities and obligations, based on the introduction of joint regulations on online platforms, devise implementation measures (including systematic improvements), and expand them to other areas from open markets to delivery apps, accommodation, mobility, and other areas.
|
As changes in laws and regulations applicable to broadcasting and communications-related businesses in various fields, including platforms and media, is expected in 2022, companies in relevant fields will need to review the contents and their potential implications. Engaging in the conversation with the authorities by proactively presenting standards and guidance to be considered in the application of laws and policies in advance may also be needed.
