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Laws › Act on the Protection and Use of Location Information › SECTION 2 Protection of Personal Location Information

Act on the Protection and Use of Location Information — Article 19 (Use or provision of personal location information)

위치정보의 보호 및 이용 등에 관한 법률 제19조

(1) Where any location-based service provider intends to provide services using personal location information, such provider shall specify, in advance, the following in his or her terms and conditions; and shall obtain consent from the subjects of personal location information: <Amended on Apr. 17, 2018; Jun. 9, 2020; Oct. 19, 2021>

1. Trade name, address, phone number and other contact information of the location-based service provider;

2. Rights held by the subjects of personal location information and their legal representatives (limited to where the consent of a legal representative is required under Article 25 (1)) and methods of exercising such rights;

3. Details of the location-based services to be provided by the location-based service provider;

4. Grounds and period for retaining data verifying the use or provision of location information;4-2. The purpose and period of retaining personal location information;

5. Other matters prescribed by Presidential Decree as necessary for protecting personal location information.

(2) Where any location-based service provider intends to provide personal location information to a third party designated by a subject of personal location information, such service provider shall specify details referred to in the subparagraphs of paragraph (1) in his or her terms and conditions; shall inform the subject of personal location information, of the designated recipient of the personal location information and the purpose of provision; and shall obtain his or her consent.

(3) Where any location-based service provider provides personal location information to a third party designated by a subject of personal location information under paragraph (2), such service provider shall immediately notify, on each occasion, the subject of personal location information, of the designated recipient of such information; and of the date, time, and purpose of such provision. <Amended on Jun. 9, 2020>

(4) Notwithstanding paragraph (3), a location-based service provider may give notice of the occasions altogether to a subject of personal location information at a maximum interval of 30 days in accordance with the guidelines prescribed by Presidential Decree for frequency, period, etc., if such service provider has obtained consent thereto from the subject, as prescribed by Presidential Decree. <Added on Feb. 3, 2015>

(5) When a subject of personal location information gives consent under paragraph (1), (2), or (4), he or she may defer his or her consent as to the purposes of using and providing personal location information; the scope of the persons eligible to receive the information; some of the location-based services; and the methods of notifying the subject of personal location information. <Amended on Feb. 3, 2015>

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