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Laws › Enforcement Decree of the Personal Information Protection Act › CHAPTER VI GUARANTEE OF RIGHTS OF DATA SUBJECTS

Enforcement Decree of the Personal Information Protection Act — Article 42-2 (Standards for information transmitters)

개인정보 보호법 시행령 제42조의2

This English translation is based on the Korean text effective 2025-03-13. The Korean law has since been amended (current version effective 2026-09-11) — check the Korean original.

“Personal information controller satisfying the criteria prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 35-2 (1) and (2) of the Act means any of the following persons (hereinafter referred to as "information transmitter"), respectively:

1. Any of the following persons among agencies, corporations, and organizations related to health and medical services (hereinafter referred to as "transmitter of health and medical services information"):a. The Korea Disease Control and Prevention Agency;b. The National Health Insurance Service under Article 13 of the National Health Insurance Act and the Health Insurance Review and Assessment Service under Article 62 of that Act;c. A tertiary care hospital under Article 3-4 of the Medical Service Act;d. Other persons publicly notified by the Protection Commission in consultation with the Minister of Health and Welfare, taking into consideration the technical and financial capacity to transmit personal information, the number of data subjects whose personal information is stored and managed, etc. among public health and medical institutions defined in subparagraph 4 of Article 3 of the Framework Act on Health and Medical Services;

2. Any of the following persons (hereinafter referred to as "transmitter of communications information") among agencies, corporations, or organizations related to communications:a. A person who provides mobile communications services after being assigned radio frequencies pursuant to Article 10 of the Radio Waves Act and who has entered into a contract for the use of mobile communications services with a data subject;b. Other persons determined and publicly notified jointly by the Protection Commission and the Minister of Science and ICT, taking into consideration the technical and financial capability to transmit personal information, the number of data subjects whose personal information is stored and managed, etc. among persons who manage the facilities-based telecommunications business under Article 5 (2) of the Telecommunications Business Act;

3. Any of the following persons (hereinafter referred to as "transmitter of energy information") among energy-related agencies, corporations, and organizations:a. An electric sales business entity defined in subparagraph 10 of Article 2 of the Electric Utility Act;b. A person who falls under any of the following and is jointly determined and publicly notified by the Protection Commission and the Minister of Trade, Industry and Energy, taking into consideration the technical and financial capabilities to transmit personal information and the number of data subjects whose personal information is stored and managed, etc.:1) Urban gas business entities defined in subparagraph 2 of Article 2 of the Urban Gas Business Act;2) Other agencies, corporations, and organizations related to urban gas business under subparagraph 1-2 of Article 2 of the Urban Gas Business Act.[This Article Added on Feb. 25, 2025][Enforcement Date: Jun. 1, 2026]

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