Ⅰ. Guaranteeing the Fundamental Human Freedoms: 3. Privacy and the Right to Self-Determination of Personal Information selection for consumers through competition, innovation of data products and services, more data flow and sharing and strengthening the data subjects’ right to the self-determination of personal information as the main advantages of the right to data portability during the right to portability workshop in Apr. 2000. On the other hand, it must be carefully considered on whether there is any conflict with the existing legal system related to personal information protection, and there must be a discussion among the entire community. There is a criticism that the discussion on introducing the right to data portability in Korea focuses on the commercialization of personal information, not on the protection of the right of the data subject.60) In consideration of Korea’s realities on consent to processing personal information, it may become a mere formality or used by the companies as justifications for using personal information, Currently, Korean companies obtain proper consent individually from data subjects when processing the personal information, but in reality, the consent is induced with additional services or discounts, or consent is, in fact, coerced by not providing services without consent, or obtaining consent in a non-voluntary or simply as a formality. Therefore, if the data subject cannot provide consent at his/her own free will but is coerced into requesting data transfer, sensitive information, such as medical records, may be transferred to a third party, without any restrictions, and may be abused in the name of economic and industrial value creation. Data transfer occurs with a request and consent of the data subject, but the ‘consent or request of the data subject’ should not simply be an external expression of intent, but must follow the clear explanation on all conditions to processing the personal information and provided voluntarily. EU GDPR provides a clear standard that the consent on the personal information processing must be from a 60) Citizens’ Coalition for Economic Justice, Etc., “FSC must discard the Enforcement Decree on the provision of consumer order information for the MyData project”. 2020. 67

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