TITLE	Supreme Court Decision 2014Du2638 Decided June 28, 2016¡¼Revocation of Corrective Measure, etc.¡½ [full Text]
Summary
[1] Requirements for an information and communications service provider to obtain lawful consent from users with regard to collection and provision of their personal information according to the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. [2] In a case where: (a) Company A, an information and communications service provider under the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; (b) collected personal information of users without their express consent by failing to notify said users with respect to the items of personal information collected, purpose of collection, and period during which that information would be possessed or used; (c) subsequently, furnished that personal information to a third party (insurance companies) by regarding the users to have given consent when they clicked on the ¡°Yes¡± button on the pop-up ads promoting events via its website (such as Open Market); and (d) the Korea Communications Commission accordingly issued a corrective measure, etc. against Company A, the case holding that Company A failed to obtain lawful consent from the users to the collection of personal information as prescribed under the aforementioned Act when collecting their personal information, etc. through its website¡¯s event page

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