Restriction on Repurposing Personal Information and Provision Thereof
(1) No personal information controller shall use personal information beyond the scope provided in Article 15 (1) or provide it to any third party beyond the scope provided in Articles 17 (1) and 28-8 (1).
(2) Notwithstanding paragraph (1), where any of the following subparagraphs applies, a personal information controller may repurpose personal information or provide it to a third party, unless doing so is likely to unfairly infringe on the interest of a data subject or third party: Provided, That subparagraphs 5 through 9 shall be applied only to public institutions:
- Where separate consent is obtained from the data subject;
- Where special provisions exist in other statutes;
- Where it is deemed manifestly necessary for the protection, from imminent danger, of life, bodily and property interests of a data subject or a third party;
- (deleted);
- Where it is impossible to perform the work under its jurisdiction as provided in other statutes, unless the personal information controller repurposes personal information or provides it to a third party, and it is subject to the deliberation and resolution by the Commission;
- Where it is necessary to provide personal information to a foreign government or international organization to perform a treaty or other international convention;
- Where it is necessary for the investigation of a crime, institution and maintenance of a prosecution;
- Where it is necessary for a court to proceed with trial-related work;
- Where it is necessary for the enforcement of punishment, probation and custody;
- Where it is urgently necessary for the public safety and security, public health, etc.
(3) A personal information controller shall inform the data subject of the following matters when it obtains the consent under paragraph (2) 1; the same shall apply when any of the following is modified:
- The recipient of personal information;
- The purpose of use of personal information (in the case of provision of personal information, it means the purpose of use by the recipient);
- Particulars of personal information to be used or provided;
- The period for retaining and using personal information (where personal information is provided, it means the period for retention and use by the recipient);
- The fact that the data subject is entitled to deny consent, and disadvantages, if any, resulting from the denial of consent.
(4) Where a public institution repurposes personal information or provides it to a third party under paragraph (2) 2 through 6 and 8 through 10, the public institution shall post matters necessary for the legal basis for such use or provision, purpose, scope, and the like on the Official Gazette or on its website, as prescribed by Notification of the Protection Commission.
(5) Where a personal information controller provides personal information to a third party for another purpose in any case provided in any subparagraph of paragraph (2), the personal information controller shall request the recipient of the personal information to limit the purpose and method of use and other necessary matters, or to prepare necessary safeguards to ensure the safety of the personal information. In such cases, the person upon receipt of such request shall take measures necessary to ensure the safety of the personal information.