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September 12, 2025Korean Association of International Association of Constitutional Law

Re-establishment of the Right to the Protection of Personal Data in Intelligent Information Society

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Authors

SKSong-Ok Kim

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Overview

This article questions limitations on personal data rights in the intelligent information society, suggesting a new model for privacy and data processing.

Key Points

  • Processing of personal data poses a risk to the right to self-determination, but this view is questioned.
  • Westin's definition of privacy serves as a foundation, yet the Constitutional Court's interpretation diverges from it.
  • Data processing is vital for effective state functions, showing the need for a balanced approach to privacy rights.
  • A redefined right emphasizes participation in data processing rather than absolute control over personal data.

Cite This Study

Song-Ok Kim (2025) studied this question.

synapsesocial.com/papers/68d41da8713b0b5dfea66d4ehttps://doi.org/10.24324/kiacl.2025.31.2.101
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  1. 1Suggestions for reviewing the constitutionality of cases where the right to self-determination of personal information is at issue : Focusing on the Constitutional Court’s decision ‘2021Hun-ma130’2023
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  4. 4The Right to Privacy in International Law: Evolving Standards for Personal Data Protection in the Digital Era2025
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