Designation and Cancellation of Designation of Expert Data Combination Agency
(1) The standards for the designation of an expert agency (hereinafter referred to as “Expert Data Combination Agency”) pursuant to Article 28-3 (1) of the Act shall be as follows:
- Under Notification prescribed by the Protection Commission, the agency shall have formed an organization responsible for the combination and release of pseudonymized information and employed at least three full-time personnel with qualifications or experience relating to personal information protection;
- Under Notification prescribed by the Protection Commission, the agency shall have set up space, facilities and equipment necessary to combine pseudonymized information safely and prepared policies and procedures relating to the combination and release of pseudonymized information;
- Under Notification prescribed by the Protection Commission, the agency shall have financial capabilities;
- No disclosure shall have been made under Article 66 of the Act for the recent three years.
(2) Any corporation, organization, or institution intending to be designated as an Expert Data Combination Agency pursuant to Article 28-3 (1) of the Act shall submit to the head of the Protection Commission or the related central administrative agency an application for the Designation of Expert Data Combination Agency prescribed by Notification of the Protection Commission with the following documents attached (including electronic documents; the same shall apply hereinafter):
- Articles of incorporation or bylaws;
- Documents prescribed and notified by the Protection Commission supporting that the agency satisfies the designation standards under paragraph (1).
(3) The head of the Protection Commission or related central administrative agency may designate the corporation, organization, or institution which submitted the application for the Designation of Expert Data Combination Agency under paragraph (2) as an Expert Data Combination Agency if it satisfies the designation standards under paragraph (1).
(4) Designation as an Expert Data Combination Agency shall be effective for three years from the date of designation, and if the Expert Data Combination Agency requests extension of the effective period, and such request satisfies the designation standards under paragraph (1), the head of the Protection Commission or the related central administrative agency may re-designate it as an Expert Data Combination Agency.
(5) If the Expert Data Combination Agency falls under any of the following, the head of the Protection Commission or related central administrative agency may cancel the designation of the Expert Data Combination Agency: Provided, that in the cases of subparagraph 1 or 2, designation shall be canceled:
- If the agency has received the designation by fraud or improper means;
- If the agency voluntarily requests cancellation of its designation or discontinues its business;
- If the agency becomes non-compliant with the standards for designation of an Expert Data Combination Agency under paragraph (1);
- If a personal information breach incident, including divulgence of information, occurs in connection with data combination, release, etc.;
- If the agency otherwise violates any obligation under the Act or this Decree.
(6) The head of the Protection Commission or related central administrative agency shall hold a hearing when seeking to cancel the designation of an Expert Data Combination Agency in accordance with paragraph (5).
(7) The head of the Protection Commission or related central administrative agency shall publicly announce any designation, re-designation or cancellation of designation of an Expert Data Combination Agency in the Official Gazette or the websites of the Protection Commission or related central administrative agency. In such cases, if the head of the related central administrative agency designated, re-designated, or canceled the designation of any Expert Data Combination Agency, the head of the central administrative agency shall notify the Protection Commission of the same.
(8) Except as provided in paragraphs (1) through (7), matters necessary in connection with the designation, re-designation and cancellation of designation of an Expert Data Combination Agency shall be prescribed by Notification of the Protection Commission.