Protection Commission’s decision on the penalty was only focused on the method of
consent, but there is a limit to the content and scope of information that requires consent
without a clear designation.696)
However, there are views that more fundamentally raise the problem of discrimination
and strengthening bias in customized advertisements. Customized advertising technology
can directly or indirectly use information with discriminatory contents related to an
individual’s race, sexual orientation, gender, etc. and by determining the information to be
provided to each individual, it can negatively affect the possibility of accessing information
from multiple sources on a particular topic.697) In fact, the impact of customized advertising
on important political events, such as the 2016 US presidential election and the 2020 British
Brexit, is drawing attention. An American media outlet reported in 2017 that Facebook
could show anti-Semitic ads to users who showed interest in anti-Semitic categories.698)
In this way, the fact that customized advertisements can strengthen user bias and promote
discrimination seems to be a problem that cannot be solved by obtaining consent in the
process of processing personal information in that it can affect democracy and human rights
of minorities. Describing the personal information protection principles for the online
customized advertising in the ‘Online Customized Advertising Privacy Guidelines’
published by the Personal Information Protection Commission in 2017 to prohibit the
collection and provision of behavioral information of those under the age of 14 appears to be
a reflection of this. reflected.
C) The Need to Improve the System to Protect Human Rights Related to Customized
Advertisements
Behavioral information itself may not be personal information, but it can be information
with a high risk of exposure or infringement of personal information as it is collected
extensively and linked to personal accounts. Moreover, this is an example of how an
696) Joint statement by 7 civil groups, including Jinbo Networks, Nov. 14, 2022.
697) Jang, Yeo-gyeong, National Assembly Debate, “Problems if invasion of privacy of customized advertisements, and
solutions,” Sep. 22, 2022.
698) Seoul Shinmun, “Starting a new,” Suspension of customized advertisement for Facebook, Nov. 10, 2021.
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