Requests for Materials and Inspections
(1) The Protection Commission may request relevant materials, such as articles and documents, from a personal information controller in any of the following cases:
- Where any violation of this Act is found or suspected;
- Where any violation of this Act is reported or a civil complaint thereon is received;
- In cases prescribed by Presidential Decree where it is necessary to protect the personal information of data subjects.
(2) Where a personal information controller fails to furnish materials pursuant to paragraph (1) or is regarded as having violated this Act, the Protection Commission may require its public official to enter the offices or places of business of the personal information controller and other persons related to such violation to inspect the status of business operations, ledgers, documents, etc. In such cases, the public official who conducts the inspection shall carry identification verifying his or her authority and show it to relevant persons.
(3) The Protection Commission may request the heads of the following relevant institutions to cooperate in taking prompt and effective measures where any serious personal information breach occurs due to a violation of laws related to the protection of personal information, such as this Act:
- Central administrative agencies;
- A local government;
- Other public institutions having, delegated or entrusted with, administrative authority pursuant to statutes and regulations or municipal ordinances and rules.
(4) The head of a relevant institution who receives a request for cooperation under paragraph (3) shall comply with such request in the absence of special circumstances.
(5) Matters necessary for requests for the submission of materials, procedures and methods for inspection, etc. under paragraphs (1) and (2) may be determined and publicly notified by the Protection Commission.
(6) The Protection Commission shall neither provide any third party with the documents, materials, etc. furnished or collected pursuant to paragraphs (1) and (2), nor disclose them to the general public, except as provided in this Act.
(7) Upon receiving materials via information and communications networks, or digitalizing the collected materials, etc., the Protection Commission shall take systematic and technical supplementary measures to prevent the divulgence of personal information, trade secrets, etc.