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Laws › Act on the Protection and Use of Location Information › SECTION 3 Rights Held by Subjects of Personal Location Information

Act on the Protection and Use of Location Information — Article 26 (Use of location information for protecting children under age of 8 or other such persons)

위치정보의 보호 및 이용 등에 관한 법률 제26조

(1) Where the legal guardian of any of the following persons (hereinafter referred to as "child under the age of 8 or other such person") consents to the collection, use, or provision of the personal location information of the child under the age of 8 or other such person for the protection of the life or physical safety of the child or other such person, it shall be deemed that the child or other such person personally consent thereto: <Amended on Apr. 11, 2007; Oct. 15, 2014; Feb. 3, 2015>

1. A child under the age of 8;

2. A person under adult guardianship;

3. A person with a mental disorder defined in Article 2 (2) 2 of the Act on Welfare of Persons with Disabilities, classified as a person with a severe disability defined in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (limited to those registered as disabled persons under Article 32 of the Act on Welfare of Persons with Disabilities).

(2) The legal guardian of a child under the age of 8 or other such person referred to in paragraph (1), means any of the following persons who provides de facto protection for the child under the age of 8 or other such person: <Amended on Apr. 11, 2007; Mar. 30, 2011; Oct. 15, 2014; Feb. 3, 2015; May 29, 2016; Apr. 17, 2018; Jun. 9, 2020>

1. The legal representative of a child of 8 years old or younger or a guardian under Article 3 of the Act on the Guardianship of Minors in Protective Facilities;

2. The legal representative of a person under adult guardianship;

3. The legal representative of a person prescribed in paragraph (1) 3, the head of a residential facility for persons with disabilities under Article 58 (1) 1 of the Act on Welfare of Persons with Disabilities (limited to any facility established and operated by the State or a local government), the head of a mental health sanatorium defined in Article 22 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (limited to any facility established and operated by the State or a local government), or the head of a mental health rehabilitation facility defined in Article 26 of that Act.

(3) Requirements for giving consent under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020>

(4) Articles 18 through 22 and 24 shall apply mutatis mutandis where legal guardians give their consent under paragraph (2). In such cases, "subject of personal location information" shall be construed as "legal guardian". <Amended on Jun. 9, 2020>

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