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TITLE Supreme Court Decision 2016Do13263 Decided April 7, 2017【Violation of the Personal Information Protection Act; Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Divulgence of Personal Information, etc.)】 [full Text]
Summary
[1] Meaning of “false or other unlawful means” under Article 72 Subparag. 2 of the Personal Information Protection Act
Method of determining whether false or other unlawful means were used to obtain consent on either the acquisition or management of personal information
[2] Meaning of “provision of personal information to a third party” under Article 17 of the Personal Information Protection Act and Article 24-2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
Meaning of “entrustment of management of personal information” under Article 26 of the Personal Information Protection Act and Article 25 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
Whether a person to whom the management of personal information has been entrusted can be deemed a “third party” as prescribed by Article 17 and Article 24-2 of the aforementioned Acts (negative)
Standard for determining whether a certain act constitutes provision of personal information or entrustment of management of personal information
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