Suspension of Processing of Personal Information
(1) A data subject may request the relevant personal information controller to suspend the processing of his or her personal information or may withdraw his or her consent to personal information processing. In such cases, if the personal information controller is a public institution, the data subject may request the institution to suspend the processing of his or her personal information contained in the personal information files to be registered pursuant to Article 32 or may withdraw his or her consent to personal information processing.
(2) Upon receipt of the request for suspension of processing under paragraph (1), the personal information controller shall, without delay, suspend processing of some or all of the personal information as requested by the data subject: Provided, That, where any of the following is applicable, the personal information controller may deny the request of such data subject:
- Where special provisions exist in other statutes or it is unavoidable to observe obligations under statutes or regulations;
- Where access may cause damage to the life or body of a third party, or unjustified infringement of property and other interests of any other person;
- Where the public institution cannot perform its work as prescribed by any Act without processing the personal information in question;
- Where it is impracticable to perform a contract such as the provision of services as agreed upon with the said data subject without processing the personal information in question, and the data subject has not clearly expressed the desire to terminate the agreement.
(3) A personal information controller shall, when a data subject withdraws his or her consent pursuant to paragraph (1), take necessary measures without delay, such as destroying collected personal information to prevent recovery and reproduction thereof: Provided, That in cases falling under any subparagraph of paragraph (2), a personal information controller need not take measures following the withdrawal of consent.
(4) When rejecting a request for suspension of processing pursuant to the proviso of paragraph (2) or failing to take measures following the withdrawal of consent pursuant to the proviso of paragraph (3), the personal information controller shall notify the data subject of the reason without delay.
(5) The personal information controller shall, without delay, take necessary measures including destruction of the relevant personal information when suspending the processing of personal information as requested by data subjects.
(6) Matters necessary for the methods and procedures to request the suspension of processing, to withdraw consent, to reject such request, and to give notification, etc. pursuant to paragraphs (1) through (5) shall be prescribed by Presidential Decree.