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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 42-8 (Rejection of request for transmission and suspension of transmission)

개인정보 보호법 시행령 제42조의8

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.

(1) "Cases prescribed by Presidential Decree, such as where it is impossible to verify whether a data subject is the person in question" in Article 35-2 (6) of the Act means any of the following cases:

1. Where it is impossible to verify whether the consent of the legal representative under Article 22-2 (1) of the Act is not verified;

2. Where the grounds for restricting or refusing access arise under Article 35 (4) of the Act;

3. Where the transmission of information subject to a request for transmission under Article 35-2 (1) and (2) of the Act infringes on the rights or legitimate interests of a third party;

4. Where it is impossible to verify whether the applicant is the representative under Article 38 (1) of the Act;

5. Where the matters subject to the request for transmission under Article 42-5 (1) and (2) are not specified;

6. Where the identity of the data subject is not verified;

7. Where it is found that the request for transmission is made by improper means, such as stealing authentication information of the data subject;

8. Where the request for transmission is to a person other than the data subject, a general specialized agency, a special specialized agency, or a general recipient9. Where Personal Information is used by improper means, such as being abused for a crime, thereby clearly infringing on the interests of a data subject;

10. Where the data subject requests excessive and repeated transmission of the same personal information without good cause, causing disruption to the business affairs;

11. Where there are reasonable grounds to reject a request for transmission or to suspend the transmission, such as it is confirmed that circumstances suggesting that the data subject has made a request for transmission due to deception or intimidation of a third party.

(2) If an information transmitter rejects a data subject's request for transmission or suspends transmission due to a cause falling under any of the subparagraphs of paragraph (1), he or she shall notify the data subject of such fact and the reasons therefor without delay; provided, if the data subject makes a request for transmission through an institution specializing in managing personal information or a general recipient, he or she may notify it through the relevant institution specializing in managing personal information or the general recipient.[This Article Added on Feb. 25, 2025]

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