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Act on Promotion of Information and Communications Network Utilization and Information Protection — Article 64-2 (Protection and destruction of data)

정보통신망 이용촉진 및 정보보호 등에 관한 법률 제64조의2

This English translation is based on the Korean text effective 2025-10-01. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) If asked by a provider of information and communications services to protect documents, data, or any other material submitted or collected pursuant to Article 64, the Minister of Science and ICT or the Korea Media and Communications Commission shall not furnish them to a third party or disclose them to the general public. <Amended on Mar. 29, 2011; Mar. 23, 2013; Jul. 26, 2017; Feb. 4, 2020; Oct. 1, 2025>

(2) In cases of receiving data submitted through an information and communications network or converting collected data or any other material into an electronic format, the Minister of Science and ICT or the Korea Media and Communications Commission shall take systematic and technical measures for security to protect personal information, trade secret, or similar from being leaked. <Amended on Mar 29, 2011; Mar. 23, 2013; Jul. 26, 2017; Oct. 1, 2025>

(3) If any of the following events occurs, the Minister of Science and ICT or the Korea Media and Communications Commission shall immediately destroy documents, data, or any other material submitted or collected pursuant to Article 64, except as otherwise provided in any other statute. The same shall apply to a person to whom the authority of the Minister of Science and ICT or the Korea Media and Communications Commission has been fully or partially delegated or entrusted under Article 65: <Amended on Mar. 29, 2011; Mar. 23, 2013; Jul. 26, 2017; Oct. 1, 2025>

1. If the objectives of demanding submission of data, conducting a field inspection, or issuing an order to take corrective measures pursuant to Article 64 have been achieved;

2. If an administrative trial or administrative litigation is filed against an order issued to take corrective measures pursuant to Article 64 (4), when proceedings of such administrative trial are completed;

3. If a disposition is made to impose an administrative fine under Article 76 (4) and there is no objection to it, when the period to raise an objection under paragraph (5) of that Article ends;

4. If there is an objection filed against disposition of an administrative fine under Article 76 (4), when the non-contentious case procedures are closed at the competent court.[This Article Wholly Amended on Jun. 13, 2008]

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