individual’s consent process can be formatted in the process of collecting extensive
information from a big tech platform company. Processing personal information for
companies to create economic value can benefit customers as well, but consideration is
needed to prepare institutional mechanisms to prevent the risk of forcing users to collect
extensively by borrowing the form of consent. To this end, it is necessary to legislate the type
of behavioral information, the scope and method of use, and the consent procedure.
It is also necessary to continue discussing options for the customized advertisements and
prohibiting discriminations. Users should be able to choose whether or not to view
customized advertisements, and an opt-out manner, while being hidden by the setting screen
is not proper. Moreover, it is necessary to prevent the big tech companies to provide
advertisers with options that can cause discriminatory effects, or algorithms that
automatically provide different information based on gender and race to reinforce
discrimination. The big-tech companies have the primary responsibility to prevent such
discrimination at all stages of designing and learning algorithms, and the state needs to
prepare and manage laws that make it clear that companies are responsible to prohibit
discrimination.
The UN Committee on the Rights of the Child, in its General Comment No. 25 (2021),
stated that states have an obligation to take measures to protect the children's rights in the
digital environment, and that there is a need for regulation, particularly a regulation related
to advertising and marketing that target children. Moreover, the ‘Digital Services Act’
established by the EU in 2022 includes transparency, choice, child protection, and regulation
of sensitive information related to the customized advertisements.
Customized advertisements using behavioral information and algorithms have undergone
significant changes in a short period of time. Recently, there have been various legal and
institutional responses to concerns about infringement of basic human rights caused by the
customized advertisements; however, the concerns over the collection of sensitive personal
information, the ensuing state surveillance, and the strengthening of discrimination and bias
have not yet been resolved. In the future, an appropriate level of regulation is needed
by referring to overseas cases, and in the process, it is important to fully collect the opinions
of the society so that the rights of data subjects and minorities are fully taken into
consideration.
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