인공지능기본법의 제정에 따른 개인정보보호법과의 관계에 대한 공법적 고찰

초록

With the recent development of artificial intelligence technology, especially the emergence of Generative AI, new problems related to personal information protection and privacy have emerged. Artificial intelligence technology is penetrating various industrial fields and business models worldwide extensively and rapidly, especially because a wide range of learning data based on the shared Internet network is available. Since companies (related parties) participating in the field of artificial intelligence as well as data operate beyond the existing national jurisdiction, the legal system on artificial intelligence and personal information protection should be synchronized at the international level and participate in and cooperate in defining clear standards and guidelines to solve expected problems in consideration of the influence of artificial intelligence on personal information protection. However, there are cases in which controversy arises over the scope of jurisdiction and regulatory rights in work without trying to solve the problem by cooperating with artificial intelligence and institutions in charge of personal information protection policies within a country. For example, the practice of collecting personal information to learn a Generative AI raises controversy over personal information protection and privacy, and regulatory measures to solve this problem, such as measures to ensure compliance with the Personal Information Protection Act and related guidelines in the practice of collecting data for learning in the process of artificial intelligence development, have not been discussed in depth. Cooperation between artificial intelligence legislation and personal information protection legislation will become increasingly important as several countries promote and regulate artificial intelligence. This is because uncertainties such as conflicts, contradictions, or overlaps of regulations may arise, and considerable difficulties may occur in the process of inducing compliance with each regulation and enforcement of laws. In other words, it is necessary to promote a cooperation system between the artificial intelligence legislation and the personal information protection legislation, and efforts to share related knowledge and experiences are needed. In this paper, expected problems were identified and solutions were sought to seek changes in the Personal Information Protection Act following the introduction of the Framework Act on Artificial Intelligence. Further development of "Privacy Enhancement Technologies (PETs)" will secure the possibility of explaining and verifying the mechanisms by which artificial intelligence (AI) algorithms operate, and may help address concerns about the process of collecting and processing personal information. However, rather than expecting that artificial intelligence technology will solve everything, it is necessary to pay attention to improving the legislation so that there is no 'delay in norms' accordingly. In Korea, the "Framework Act on Artificial Intelligence" was passed by the National Assembly on December 26, 2024, and in this paper, the process and major issues of enacting the Basic Artificial Intelligence Act were first examined (II), the ethical principles and legal standards to be observed by artificial intelligence were outlined, the relationship with the Personal Information Protection Act was analyzed and reviewed (III), and then the improvement or improvement plan of the Personal Information Protection Act (IV).

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