Personal Information Protection Commission

Basis of Foundation

Article 40, Paragraph 1 of the Act

※ Article 40 of the Act (Establishment and Composition)
① There shall be established a Personal Information Dispute Mediation Committee (the "Dispute Mediation Committee") to mediate disputes over personal information.

Composition of the Committee and Mediation Panel

The Dispute Mediation Committee is comprised of not more than 20 members, including one chairperson, and the members shall be ex officio members and commissioned members.
In order to conduct dispute settlement efficiently, the Dispute Mediation Committee may establish a mediation panel that is comprised of not more than five Committee members in each sector of mediation cases. One of the panel members should be a licensed attorney-at-law.
The resolution of the mediation panel delegated by the Dispute Mediation Committee is construed as that of the Dispute Mediation Committee.
(Sources: Article 40, Paragraphs 2-6 of the Act, and Article 49 of the Enforcement Decree of the Act)

Function and Authority

The Dispute Mediation Committee may recommend the parties to the mediation a settlement before mediation, if necessary.
In addition, the Dispute Mediation Committee may request disputing parties to provide materials necessary to mediate the dispute, in which cases, such parties shall comply with the request unless any justifiable ground exists. The Committee may require disputing parties or relevant witnesses to appear before the Committee to hear their opinions, if deemed necessary, as well.
Through the examination of dispute cases, the Dispute Mediation Committee makes compensation orders, engages in preventive actions against damage from personal information-related accidents, proposes improvement of legal system, and provides recommendation of correction against the wrong behaviors of business transactions by commercial enterprises, etc. Based on these works, the Committee contributes to improvement of both the protection of citizens' rights and the efficiency of business activities, and to construction of safe and sound environments to use personal information
(Sources : Article 47 of the Act)

Scope of Dispute Mediation

In addition to the issues relating to personal information defined under the Act, the Dispute Mediation Committee has been applying its service to the issue of personal information infringement which are prescribed by several other relevant laws, such as the Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc., the Credit Information Use and Protection Act, Medical Service Act, and Civil Act. In particular, with the enforcement of the Act, disputes against public institutions become the subject of the Committee's mediation procedures, as well.
Provided, however, that the Committee deems that a case is more appropriate to be resolved by another institution or agency, it may exclude the case from the list by a resolution.
(Sources : Article 40, Paragraph 1 of the Act)

History

• Dec. 2001 : Launched the Personal Information Dispute Mediation Committee
• Feb. 2008 : Changed the competent authority from Ministry of Information and Communication (former) to Ministry of the Interior and Safety
• Sept. 2011 : Enforcement of the Personal Information Protection Act
  ※ Basis of foundation was changed from the Act on Promotion of Information and Communication Network Utilization and Information Protection, Etc. to the Personal Information Protection Act
• Nov. 2011 : Composed the 1st Committee since the enforcement of the Act
• Dec. 2013 : Composed the 2nd Committee
• Jan. 2016 : Composed the 3rd Committee
• July 25, 2016 : Transferred the mediation tasks (Ministry of the Interior and Safety → Personal Information Protection Commission)
• Feb. 2018 : Composed the 4th Committee
• Feb. 2020 : Composed the 5th Committee