데이터 자산의 본질과 그 보호 및 분석 면책 방안Nature of Data Assets and Their Protection and Exemption Measures for Analysis
- Authors
- Seung-Woo SON; Jung-Hun LEE
- Issue Date
- 2021
- Publisher
- 한국산업보안연구학회
- Keywords
- 빅데이터; 데이터오너십; 데이터소유권; 데이터 보호; TDM 조항; Big Data; Data Ownership; Data protection; TDM Exceptions; TDM Clauses
- Citation
- 한국산업보안연구, v.11, no.2, pp 129 - 158
- Pages
- 30
- Journal Title
- 한국산업보안연구
- Volume
- 11
- Number
- 2
- Start Page
- 129
- End Page
- 158
- URI
- https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/49907
- DOI
- 10.33388/kais.2021.11.2.129
- ISSN
- 2765-2327
- Abstract
- This study has realized the essential purpose of data assets, which is the creation of utility through the promotion of the industrial and social use of data. Furthermore, this work compared and analyzed international discussions and the legislative trends in major countries regarding the conflicting concepts of “data protection (ownership)” and “immunity for data analysis,” which are the most controversial issues, to present appropriate alternatives. Unlike previous studies that mainly addressed various theoretical discussions centering around data ownership, this study will help data leaders and latecomers in that it provides legislative guidelines for data protection and immunity for analysis. This study proposes the necessity of and measures for “appropriate legal protection” regarding data, and as an alternative, to maintain “data protection based on the doctrine of unfair competition.” Japan has already prepared such enactments, while South Korea has also been preparing a legal framework for the appropriate protection of data and development of the data industry. Meanwhile, this study considered the interests of copyright holders, and simultaneously, the practical difficulty in obtaining the consent of all copyright holders for works such as sounds, videos, and images used for big data analysis.
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