advertising platform, and it is known that the purpose is to correct the unauthorized
collection and use of personal information by platforms without the user’s knowledge under
the disguise of providing free services.
According to the results of the investigation by the Personal Information Protection
Commission, company G did not clearly inform the users that behavioral information was
collected and used by other companies when signing up for services, and set the default
value to ‘agree,’ while hiding the setting screen (more options). Company M only posted the
contents to be agreed upon when creating an account in the full text of the data policy in a
form that is not easy for the users to understand, and did not inform the users of the specifics
of the statutory notice.691) The Personal Information Protection Commission considered that
the collection of personal information through this method was not obtained with legitimate
consent.692)
The Personal Information Protection Commission cited France and Germany as examples,
saying that overseas supervisory bodies had already ruled that the companies G and M
violated the collection of behavioral information and the use of customized advertisements
by other companies. The CNIL, French Supervisory Authority, determined that company G
violated the principle of transparency and did not obtain consent from users for customized
advertisements (Jan. 2019), and the German Federal Cartel Office (FCO) determined (Feb.
2019) that the company M collected and used behavioral information of other companies
without the user’s consent.
As users’ dissatisfaction and social criticism of customized advertisements grew, in the
21st National Assembly, as of Sep. 2022, five amendments to the ‘Act on the Consumer
Protection in Electronic Commerce’ and the ‘Act on Fair Labeling and Advertisement’ have
been proposed to regulate the customized advertisements. The purpose of these legislative
Customized Advertising Personal Information Protection Guidelines,” Feb. 2017)
691) KTV Kookmin Broadcasting, “Illegal collection of personal information… Google and Meta imposed with penalty of
100 bil. KRW,” Sep. 14, 2022
692) The Personal Information Protection Commission is set to allow the majority of Korean users to collect behavioral
information from other companies on the platform through this method (more than 82% of Company G and 98% of
Company M), so the possibility and risk of information subject rights being infringed is minimized. However, in the
first paragraph, it was announced that it would continue to conduct additional investigations on the change in the
Company M's consent method for collecting personal information.
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