The Report on Human Rights Situation in the Republic of Korea completely voluntary consent,61) and the National Assembly Research Service clearly pointed out that each individual can only provide passive consent as related to the right to data portability and the MyData project.62) C) Tasks for the Right to Data Portability to Function Properly The right to data portability may be desirable in that it expands the personal information right of the data subject, but when considering the realities of Korea’s personal information processing consent, etc., it may become a mere formality with a concern for violating the right to the self-determination of personal information. Therefore, it is necessary to clarify the exercise method and procedure of the right to data portability, such as obtaining clear consent (request) in writing and providing notice and explanation on any disadvantages from exercising the right to data portability, etc. It is improper to prevent the introduction of the right to data portability itself, when considering the need for economic and social development, along with the development of the data industry; however, further consideration must be made to come up with methods to use ‘data’ properly and guarantee the rights of data subjects by providing sufficient provisions to prevent the misuse and abuse of the right to data portability. 61) ｢EU GDPR｣ Recital 42: Consent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment. 62) Cho Yeongeun, Choi Jeongmin, “Issues and Tasks on the Right to Personal Data Portability and MyData”, Issues and Arguments (National Assembly Research Service), 2020. 68