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Personal Information Dispute Mediation
Personal information dispute mediation system
Significance of the personal information dispute mediation system
It is necessary to remedy the damage on personal information quickly and conveniently because it is different from other types of damages in that it spreads quickly and is hard to restitute.
The personal information dispute mediation system, which was introduced for this necessity, is meaningful in that it can remedy the damage quickly and smoothly by resolving disputes fast without cost, as an alternative to the lawsuit system which costs a lot of time and money.
The system is operated in two different ways, the personal information dispute mediation and the collective dispute mediation, depending on the contents and the requirements of the application.
Effect of mediation
If the applicant and the counterparty accept the mediation decision of the Personal Information Dispute Mediation Committee and the mediation is established, a written mediation decision will be prepared and the written mediation decision has an effect as "a settlement before the court“ (the same effect as the final and conclusive judgment pursuant to the Civil Procedure Act) according to Paragraph 5 of Article 47 of the 「Personal Information Protection Act」. The mediation has powerful effects of serving compulsory execution by the execution clause granted by the Court if the parties concerned fail to fulfill the decision after establishment of the mediation.
Personal information dispute mediation
If there is a dispute concerned in personal information processing between parties, any person who wants a dispute mediation may apply for the mediation, and the contents of the application include suspension of the violation of laws, claiming compensation for damages or active exercise of rights to request access to personal information, to request corrections and deletions. Personal information dispute mediation includes the collective dispute mediation proceeding described below.
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- Filing of Personal information dispute mediation application
- case screening -> Filing notification (Respondent)
- Fact-checking -> Resolving complaints, or recommending other institute, etc.
- Settlement advice before mediation -> Collecting evidence, Parties' statements, Specialist's advice, etc.
- Deliberation · Resolution of the Committee -> Yes -> Settlement
- Draft mediation decision
- YES
- Accepted by both parties
- Mediation completed
- Enforcement (Compulsory execution)
- Not-accepted by a party/parties ->Mediation not-completed ->Civil suits, etc.
- NO
- Dismissal
- Civil suits, etc.
- YES
Receiving applications and notifying the receipt
The applicant may apply for the personal information dispute mediation in person or by proxy via website or mail, and if a dispute mediation case is received, the receipt thereof will be notified to the applicant and the counterpart.
Fact-finding and listening to the opinions of parties concerned
The person in charge of handling finds facts of the dispute mediation case by using various means, e.g. phone call, mail and e-mail to collect materials, and after fact-finding is completed, he/she will prepare a fact-finding report and submit the case to the Committee.
Settlement advice before mediation
The Personal Information Dispute Mediation Committee may recommend settlement so that the parties concerned can voluntarily resolve the dispute amicably before the start of mediation, and if settlement between the parties concerned is established by the recommendation of settlement, the case will be closed.
Commencement of the mediation proceeding by the Committee
If the settlement is not established before the mediation, the Committee will carry out the mediation proceeding. The Committee presents a draft mediation decision reasonable to both parties after the necessary procedures, such as listening to their opinions, collecting evidence and obtaining experts’ advice, and recommends to accept it. In this case, the applicant or the counterparty may attend a meeting of the Committee and express their opinions.
Establishment of mediation
The mediation will be established if the applicant and the counterparty accept the draft mediation decision within 15 days from the date of receipt of the draft mediation decision made through the mediation of the Personal Information Dispute Mediation Committee. If the parties concerned want to accept the draft mediation decision of the Committee, they shall have their names and seals affixed on the written mediation decision sent by the Committee, and submit it to the Committee.
If both parties accept the draft mediation decision, mediation will be established, the written mediation decision will be prepared, and the mediation proceeding will end. If either party refuses to accept the draft mediation decision, it may proceed with an alternative remedial proceeding, e.g. filing a civil suit.
Effectuation
If the applicant and the counterparty accept the mediation decision of the Personal Information Dispute Mediation Committee, the mediation is established and the written mediation decision between the two parties has the same effect as a settlement before the court according to Paragraph 5 of Article 47 of the 「Personal Information Protection Act」.
Collective dispute mediation
Most of the personal information divulgence, misuse or abuse incidents are collective, and the particulars and damage types of divulged, misused or abused personal information are same or similar. It will take a lot of time and cost if thousands or millions of the incidents are handled through individual dispute mediation proceedings. The collective dispute mediation system is a system which resolves the incidents collectively through one dispute mediation proceeding to handle the incidents quickly and efficiently. Unlike the personal information dispute mediation proceedings, the collective dispute mediation proceeding must satisfy the condition, i.e. the number of data subjects who sustained damages or infringements of rights shall be at least 50. Also, the major issues of collective dispute mediation incidents shall be common as a matter of law or fact.
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- The State, a local government, a data protection organization or institution, a data subject, and a personal information controller
- Personal Information Personal information dispute mediation Committee
- Case screening
- NO
- Request for rectification
- NO
- Deemed withdrawal (Case closed)
- YES
- YES
- Decision to start procedures (Committee)
- Public announcement (Daily newspapers or homepage 14 days)
- Receiving additional parties , Selection of a representative party (1 or a few persons)
- Fact-checking -> Collecting evidence, Parties' statements, Specialists' advices, etc.
- Deliberation · Resolution of the Committee
- Draft mediation decision
- NO
- Dismissal
-
Class action lawsuit : To cease or suspend an infringement with respect to personal information
1. A consumer group under the Framework Act on Consumers (registered with the Fair Trade Commission)
2. A non-profit organization under the Assistance for Non-Profit, Non-Governmental Organizations Act (at least 100 data subjects)
- YES
- Accepted by both parties
- Mediation completed
- Recommendation of 3rd party compensation (Committee)
- Enforcement (Compulsory execution)
- YES
- Not-accepted by a party/parties
- Mediation not-completed
Application for collective dispute mediation
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Eligible Applicants
The national, local governments, Korea Consumer Agency or consumer groups and business entities may request or apply to the Personal Information Dispute Mediation Committee in writing (collective dispute mediation request or application form). -
Application Requirements
The number of data subjects suffering from damage or infringement on their rights shall be at least 50, and major issues(causes of effects of the damage) of the incident shall be common as a matter of law of fact. (Article 52 of the 「Enforcement Decree of the Personal Information Protection Act」 (hereinafter referred as 'Enforcement Decree'))
Commencement and public announcement of the collective dispute mediation proceeding
The Personal Information Dispute Mediation Committee in receipt of the request of or application for collective dispute mediation may commence the collective dispute mediation proceeding by resolution of the Committee, and in this case, the Personal Information Dispute Mediation Committee must publicly announce the commencement of the proceeding on the Internet homepage or daily newspaper for at least 14 days.
Application for participation
If data subjects or personal information controllers who are not parties to collective dispute mediation want to participate in collective dispute mediation additionally as a party, they may apply in written form within the period prescribed in the public announcement about the collective dispute mediation proceeding of the incident.
Mediation decision
The Personal Information Dispute Mediation Committee may select one or a few persons as a representative party who most appropriately represents the common interest among the parties to the collective dispute mediation. The Committee must carry out the mediation proceeding with the representative party and complete the dispute mediation within 60 days from the following day when public announcement of the commencement of the collective dispute mediation proceeding ends, and the period can be extended by the resolution of the Dispute Mediation Committee in extenuating circumstances. The contents of the mediation decision will be notified to the parties concerned, and the parties concerned must notify whether they will accept the dispute mediation to the mediation committee within 15 days from the receipt of the notification, and if there is no expression of intention within 15 days, it will be deemed not to be accepted.
Effect of mediation
If the mediation is established, the contents of the mediation will have the same effect as "a settlement before the court." (Same as a general dispute mediation incident)
Recommendation of compensation
If the respondent accepts the collective dispute mediation award presented by the Committee, the Committee may advise to prepare and submit a compensation plan for the benefit of the non-party data subjects suffered from the same incidents.
The personal information controller, who was advised to submit the compensation plan, must notify whether he/she would accept the advice within 15 days from the receipt thereof.
The chairperson of the Committee may announce the compensation plan submitted by the business entity on the Internet homepage, etc. for a certain period of time to ensure that the data subjects, who did not participate in the collective dispute mediation proceeding could be compensated according to the compensation plan.