amendments is to protect users’ right to choose, such as strengthening the notification
obligations in relation to customized advertisements.
B) Raising Issues of Human Rights Violations for the Customized Advertisements
Customized advertising technology has been widely used in the online market as an
advertising method that provides information tailored to the interests by profiling users
behavior, and many online operators are collecting users’ behavioral information for this
purpose. In particular, the big tech platform operators are gaining an edge in the online
advertising market by collecting massive behavioral information from many users.693)
Customized advertisements have the positive function of enabling advertisers to effectively
advertise to target audiences and enabling users to view intensive advertisements based on
their interests.694) However, since customized advertising technology presupposes tracking
and analyzing user behavioral information, it poses problems of collection and use of
personal information and discrimination that can be caused by uncontrolled algorithms.
Behavioral information collected for customized advertisements is presumed to be
automatically collected in many cases. Therefore, it is difficult for data subjects to
reasonably predict what kind of information of themselves will be collected, and when
behavioral information of other companies is continuously accumulated, sensitive
information that can infer an individual’s private life can be created. As the amount of
personal information held by big tech companies increases, concerns about citizen
surveillance by the state are also raised. In the US, excessive access by investigative
agencies to location information among information collected for the purpose of customized
advertising has also been a problem.695)
Therefore, some assert that various forms of user ID, device identifier, IP address, cookie
information, etc. used for user identification in customized advertisements should be
recognized as personal information and the consent of the data subject should be obtained for
the collection of personal information. According to this, the Personal Information
693) National Assembly Legislative Research Service, Issues and Arguments, “Protecting the Behavioral Information
from Online Customized Advertisements,” Sep. 30, 2022.
694) Ahn, Jeong-min, Choi, Kyeong-jin, “Customized Advertisements and Privacy,” Dec. 2017
695) CWN, “US’s FBI using geofence warrants to investigate... controversy over invasion of privacy,” Feb. 7, 2022.
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