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| TITLE | Seoul High Court 2022Nu54360 Decided September 1, 2023: Appeal 【Petition for Cancellation of Corrective Measures】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In the case where: Company A, which is engaged in the mail order brokerage business, provides its members (sellers and buyers) with a platform to trade products in the online space and provides the sellers with the personal information of buyers who consented to the provision of personal information to a third party upon membership registration and ordering and paying, where the sellers used such information to deliver the products to buyers, the Personal Information Protection Commission ordered Company A to take corrective measures such as the application of a secure means of authenticating sellers and the implementation of regular training on the grounds that Company A failed to implement a safe means of authenticating sellers when sellers accessed the open market externally, thereby violating Article 29 of the Personal Information Protection Act under the premise that Company A is a “personal information controller” and the sellers are “personal information handlers” under the Personal Information Protection Act, but given that it is difficult to view the open market sellers as “personal information handlers” that handle personal information under the command and supervision of Company A, the above disposition that ordered corrective measures under the premise that the seller is a personal information handler is unlawful. | |
