In the era of the fourth industrial revolution, we need to improve the technology and the system to prepare future-oriented development plans. I think the most important infrastructure of the fourth industrial revolution is data. It is important to ...
Modern society is an information society where materials and information are abundant. Therefore, the emergence of various information channels and the importance of big data are emphasized. The big data industry is a pillar of growth in the information and communications industry along with the Internet of things and the cloud computing industry. Despite the efficiency and growth potential of the Big Data industry, due to the rigidity of regulations related to the protection of personal information in Korea, it is difficult to predict the legal risk when the big data business is promoted, and many companies are not actively engaged in Big Data business.
In order to solve this problem, this paper first needs to understand the general discussion such as significance, concept, and characteristics of Big Data. The term big data is used not only in academic terms, but also in the field of information and telecommunications as a generic term for many types of data, both regular and irregular. There is no unified concept because the definition of the big data researcher and the engineer who deals with the technology are different. The diversity and value of data is more important than being obsessed with the "big" volume of data. Big data is more meaningful for companies that do not care about the size of the data and the amount of data is increasing.
Next, we analyzed the case of foreign legislation related to big data industry. In particular, there are a number of regulations that we need to consider in the European Privacy Act, For example, it suggests the risk of algorithms that can lead to distortion of processed and analyzed results of Big Data, and provides the information subject with 'right to explanation' about algorithm decision in relation to profiling One point is a big deal to us.
We reviewed the possibility of infringement of the Copyright and Unfair Competition Prevention Act due to individual problems that may arise when using Big Data. The database can be protected by copyrighted works as a compilation that organizes or organizes the material in a systematic way. If the big data can be protected(copyright law Article 91)? Ultimately, it can be judged individually depending on the presence of fixation and originality, which are key elements of copyright. In addition, whether or not the automatically accumulated big data corresponds to trade secrets under the Unfair Competition Prevention Law should be judged separately based on the non-disclosure, which is one of the elements of trade secret.
Finally, I would like to point out that the concept of 'Privacy by Design', which is a technical part and a part of the legal policy, is to build a structure that protects privacy from the design stage of every big data analysis technology.
I hope that the results of this study will resolve the various regulations and problems that have paved the way for promoting the big data industry, one of the hot issues of the Fourth Industrial Revolution.