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Litigating Personal Data Disclosures against Information and Telecommunication Service Providers: A Korea-US Comparison

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Authors
Phillips, Joe; Lee, Se-In
Issue Date
2015-12
Publisher
School of Law, Seoul National University
Citation
Journal of Korean Law, Vol.15 No.1, pp. 191-235
Keywords
Personal information disclosuresIdentity theftProtection of personal informationClaims for personal information disclosuresDamages for personal information disclosures
Abstract
Millions of Korean and US consumers have sought remedies for the unauthorized disclosure of personal information by Internet-based information and telecommunication service providers (ITSPs). Courts and legislatures in Korea and the United States are fashioning legal claims and remedies to address these disclosures. We contribute to this evolution with a unique comparative analysis of the law in Korea and the United States, across three areas: (1) the definition of ‘personal information;’ (2) possible causes of action; and (3) available remedies. We compare and contrast the two countries’ legal approaches to disclosures, enriching our understanding of both jurisdictions. This article will help scholars, courts, and practitioners in Korea and the United States find an appropriate balance between consumer protection and commercial freedom. We conclude our paper by suggesting ways to improve the law’s effectiveness and efficiency in addressing the exponential technological developments in information communication.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/97154
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 15 Number 1/2 (2015/2016)
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