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South Korea PIPA

Operationalize PIPA compliance with the most comprehensive PrivacyOps platform

Last Updated on December 11, 2023

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South Korea has general laws and several special laws covering data protection and an individual’s privacy. South Korea's data protection regime is considered one of the strictest data protection regimes owing to its notification requirements, opt-in consent, extensive data subject rights, mandatory data breach notifications, and heavy sanctions in case of non-compliance.

South Korea's comprehensive central data protection law is the Personal Information Protection Act 2011 (the "PIPA"), which regulates the collection and processing of personal information. The PIPA was subsequently amended in 2020 and 2023. The amended PIPA came into effect on September 15, 2023. The amended Enforcement Decree of the PIPA, which provides detailed regulations on the amended PIPA provisions, also came into effect on the same date. The 2023 amendment includes the right to data portability, the right to question automated decision-making, updates to the privacy dispute resolution proceedings, and additional requirements for cross-border data transfers.

The PIPA applies to South Korean companies and companies established abroad that process personal information in South Korea.

The solution

Securiti enables organizations to comply with the South Korean PIPA regulations through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.

South Korea PIPA Compliance solution

See how Securiti helps you comply with various sections of PIPA.

 

Customize a Data Subject Rights Request Portal for Seamless Customer Care

Article: 4

Create customized web forms according to your brand image with the DSR request format and accept verified data subject rights requests. Automate the initiation of fulfillment workflows when verified requests are received.

South Africa PIPA Data Subject Rights Request Portal
South Africa PIPA dsr handling

Automate Data Subject Access Request Handling

Articles: 4.3, 35, 37-2, 38

Data subjects need to be notified about their data privacy rights and organizations are required to simplify the initiation of verified DSR requests. Automating the delivery and generation of secure data access reports greatly reduces the risk of compliance violations and reduces the workforce required to comply with all requests.

Secure Fulfillment of Data Access

Articles: 3.5, 4.3, 35, 38

Disclosure of personal information to the data subjects within a limited time frame of receiving a verifiable data request is a must for any organization looking to comply. This will be free of charge and delivered through a secure, centralized portal.

South Africa PIPA data access request
South Africa PIPA data rectify request

Automate Processing of Rectification Requests

Articles: 4.4, 36

With the help of automated data subject verification workflows across all appearances of a subject’s personal information, you can seamlessly fulfill all data rectification requests.

Automate Erasure Requests

Articles: 4.4, 36

Fulfill data subject’s erasure requests swiftly through automated and flexible workflows.

South Africa PIPA data erasure request
South Africa PIPA Restriction Processing Requests

Automate Objection and Restriction of Processing Requests

Article: 37

Create a framework for restriction and objection of processing handling based on business requirements with collaborative workflows.

Continuous monitoring and tracking

Articles: 3, 16

Keep track of risks involved by continuously scanning and monitoring data against non-compliance to subject rights, security controls, or data residency.

South Africa PIPA personal data monitoring tracking
South Africa PIPA People Data Graph

Automate People Data Graph

Discover personal information stored across all your internal and external systems within the organization and link them back to a unique data subject. Also, visualize personal data sprawl and identify compliance risks.

Meet Cookie Compliance

Articles: 4.2, 23(1) , 24(1)

Automatically scan the web properties within your organization, categorizing tags and cookies. Also, build customizable cookie banners, collect consent, and provide a preference center.

South Africa Cookie Consent Compliance Management
South Africa PIPA Universal Consent Dashboard

Monitor and Track Consent

Articles: 4.2, 15 and 18, 23(1), 24(1)

Track consent revocation of data subjects to prevent the transfer or processing of data without their consent. Seamlessly demonstrate consent compliance to regulators and data subjects.

Assess PIPA Readiness

Articles: 24(3), 28-4, 29, 30, 31, 32, 32-2, 33

With the help of our multi-regulation, collaborative, readiness, and privacy impact assessment system, you can gauge your organization's posture against PIPA requirements, identify the gaps, and address the risks. Seamlessly being able to expand assessment capabilities across your vendor ecosystem to maintain compliance against PIPA requirements.

South Africa PIPA Readiness Assessment
South Africa PIPA Data Flow Mapping

Map Data Flows

Articles: 28-4, 29

Track data flows in your organizations, trace this data, catalog, transfer, and document business process flows internally and to service providers or third parties.

Manage Vendor Risk

Articles: 17, 18(2), 20, 28-4(3), 27, 29

Keep track of privacy and security readiness for all your service providers from a single interface. Collaborate instantly with vendors, automate data requests and deletions, and manage all vendor contracts and compliance documents.

South Africa PIPA Compliance Vendor Risk Managment
South Africa PIPA breach response notification

Breach Response Notification

Articles: 8-2, 34

Automates compliance actions and breach notifications to concerned stakeholders in relation to security incidents by leveraging a knowledge database on security incident diagnosis and response.

Key Rights Under PIPA

Access

Data subjects have the right to know whether an entity has collected data about them, what data has been collected about them, how that data is being processed, and with whom it has been shared. Data subjects also have the right to request access (including copies of their personal information).

Right to be Informed

Under the PIPA, data subjects have the right to be informed of the processing of their personal information.

Consent

The data subjects have the right to determine whether or not to consent and the scope of consent regarding the processing of their personal information.

Objection, Correction, and Erasure

Data subjects have the right to suspend the processing of and to request correction, deletion, and destruction of their personal information.

Right to Redressal

Data subjects have the right to appropriate redress for any damage arising out of the processing of their personal information through a prompt and fair procedure.

Right to Data Portability

The amended PIPA provides for the right to data portability. This right may be exercised when the provision will take effect at a to-be-announced date between 12 to 24 months after its promulgation date i.e. 14 March 2023. The data subjects will have the right to require transfer of their PI to themselves or to another data controller, or one of the data management institutions.

Right to Refuse Automated Decision-Making

The Amended PIPA provides for the right to refuse personal information in automated decision-making in cases where consent is the legal basis for processing personal information. The provision providing this right will take effect in 2024, the date for which is to be determined.

Facts related to PIPA

1

The latest amendments to PIPA came into force on 15 September 2023. 

2

The latest amendments are the following:

  1. more flexibility in data processing in urgent cases;
  2. improved privacy-related dispute resolution proceedings;
  3. streamlining standards for online and offline businesses;
  4. stronger safeguard measures for public institutions;
  5. diversified conditions for cross-border transfer of data;
  6. changes to the calculation of the penalty related to cross-border data transfer;
  7. introducing the right to data portability; and
  8. shift from criminal sanctions to economic sanctions in the form of administrative penalties.
3

Under the PIPA, all data handlers must appoint a chief privacy officer.

4

Under the PIPA, all data handlers must appoint a chief privacy officer.

5

The PIPA regulates cookies, IP information, etc., as personal information.

6

Breach of PIPC provisions can lead to an administrative fine of up to 3% of the data controller’s sales revenue related to the activity in violation of the PIPA.

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