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Court Rules Against Law Allowing Data Collection without Notification

Written: 2022-07-21 15:59:46Updated: 2022-07-21 16:33:08

Court Rules Against Law Allowing Data Collection without Notification

Photo : YONHAP News

The Constitutional Court has ruled against a current law that allows mobile communication service providers to hand over personal data to investigative and intelligence agencies without notifying customers afterwards.

Reaching a unanimous decision on four related petitions, the court on Thursday found a provision of the Telecommunications Business Act infringed on the Constitution, ruling it a “Constitutional inconsistency.”

The court hands down such a verdict when it acknowledges that a legal clause is unconstitutional but decides to keep it for the moment as its immediate annulment would cause confusion.

The deferral provides the legislative branch with time to enact an amendment, but if the legislature fails to act, the provision in question will lose its effect from the year 2024.

The court said users are not notified about telecommunication firms receiving requests and providing their personal information to state agencies, thus appropriating their right to make decisions about one's personal information.

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