The effective guarantee of data subject rights in response to the generative artificial intelligence era : Focusing on the review of the Personal Information Protection Act

Generative artificial intelligence is equipped with more advanced functions than existing artificial intelligence technology, raising new problems that were difficult to predict in the past. For example, generative artificial intelligence handles and handles data containing personal information in the stage of learning and processing vast amounts of data, and in this process, it is very difficult for individual data subjects to recognize and control that their information is processed for generative artificial intelligence learning. In addition, unlike existing general artificial intelligence, generative artificial intelligence has the ability to learn data by itself and generate new original results based on this, and in the course of this series of processes, major legal issues related to personal information protection collided. In order to discuss legal issues related to personal information protection related to generative artificial intelligence, the first relevant constitutional discussion should be made. In terms of guaranteeing basic rights, a conflict of basic rights between the data subject's right to self-determination of personal information and the freedom of job choice of a person who develops or operates generative artificial intelligence can typically arise. These basic rights conflict problems are expected to occur more frequently with the advent of generative artificial intelligence technology, and to solve this problem, both the right to self-determination of personal information and the freedom of occupation must be guaranteed in a harmonious and appropriate balance, and legal and institutional improvement is needed to effectively guarantee the rights of data subjects in response to the generative artificial intelligence era. Based on this awareness of the problem, this paper analyzes the legislative limitations and problems of Korea's current laws and regulations to discuss major legal issues related to personal information protection related to generative artificial intelligence, and based on this, legislative improvement measures were derived to effectively guarantee the rights of information subjects to use generative artificial intelligence technology and to resolve legal obstacles to the development and development of generative artificial intelligence technology.