Following up on the entry into force of the amended PIPA and its Enforcement Decree (the “Amended PIPA”), the Personal Information Protection Commission (“PIPC”) published its draft Guide on Amendments to the PIPA and its Enforcement Decree (the “Draft Guide,” available online (Link) in Korean).
 
The Draft Guide provides a detailed description of changes to the amended laws and regulations, including legal grounds for processing personal information, visual data processing devices, overseas transfer of personal information, and security measures. The Draft Guide includes specific examples for each amended topic as well as answers to questions that may come up in practice.

Key topics addressed in the Draft Guide include:
 

• Expanded legal grounds for processing personal information

• Changes to the rules on visual data processing devices

• Changes to mandatory notices on sources, uses, and disclosures of personal information

• Expanded restrictions and new legal grounds for overseas transfers

• Unified security measures and strengthened security measures for public institutions

• Changes to data breach notification requirements

• Expansion of mandatory dispute mediation system

• Revisions to criminal and administrative sanctions
   

This is the first guide the PIPC has published since the entry into force of the amended PIPA on September 15, 2023. The Draft Guide can serve as a useful reference for companies seeking to implement the amended PIPA. However, the Draft Guide is still in draft form and the PIPC plans to publish a final guidebook in December, after consultation with stakeholders and reflecting final amendments to its notifications. Clients are therefore advised to continue to monitor the developments.

[Korean Version]