In what cases is a violation of the Personal Information Protection Act punished?

The Personal Information Protection Act is a law intended to protect the rights of data subjects throughout the entire process of collecting, storing, using, and providing personal information.

A violation of this Act may entail various legal liabilities, such as criminal punishment, administrative dispositions, and civil liability for damages.

The main acts that constitute a violation of the Personal Information Protection Act are as follows.

① Acquiring personal information or obtaining consent by false or improper means
② Divulging personal information learned in the course of duties or providing it without authorization
③ Using, damaging, or leaking personal information without authority or in excess of one's authority

In the case of act ① among these, a person may be subject to imprisonment for not more than 3 years or a fine of not more than 30 million won under Article 72 of the Personal Information Protection Act.

In addition, acts ② and ③ carry heavier liability, and a person may be subject to imprisonment for not more than 5 years or a fine of not more than 50 million won under Article 71 of the Personal Information Protection Act.

Ultimately, a violation of the Personal Information Protection Act is a highly sensitive matter that can become a problem even through simple negligence in management or a mistake.

Therefore, for AI and IT companies or startups that handle personal information, it is essential to minimize legal risks through accurate legal interpretation and prior review.