Rational Allocation of Liability for Damages in Personal Information Infringement by Third Party

Vol. 30, No. 2, pp. 231-242, Apr. 2020
10.13089/JKIISC.2020.30.2.231, Full Text:
Keywords: Personal Information Infringement, compensation for damages of personal infringement, claims for damages, distribution of liability for information infringement
Abstract

In the case of damages caused by personal information infringement accidents caused by information infringer such ashackers, the information subject will usually claim damages to the information controller rather than the information infringerwho is the perpetrator, and the information controller who has been claimed will claim damages again to the informationsecurity enterprise that has entrusted the information protection business. These series of claims for damages, which areexpected to be carried out between the information subject, the information controller and the information security enterprise,are nothing but quarrels for transferring of liability among themselves who are also victims of infringement. So the problemof damage compensation should be discussed from the perspective of multi-faceted rational distribution of the damagesamong the subjects who make up the information security industry ecosystem rather than the conventional approach. Inaddition, due to the nature of personal information infringement accidents, if a large amount of personal informationinfringement occurs, the amount of compensation can be large enough to affect the survival of the company and so this

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Cite this article
[IEEE Style]
유비용 and 권헌영, "Rational Allocation of Liability for Damages in Personal Information Infringement by Third Party," Journal of The Korea Institute of Information Security and Cryptology, vol. 30, no. 2, pp. 231-242, 2020. DOI: 10.13089/JKIISC.2020.30.2.231.

[ACM Style]
유비용 and 권헌영. 2020. Rational Allocation of Liability for Damages in Personal Information Infringement by Third Party. Journal of The Korea Institute of Information Security and Cryptology, 30, 2, (2020), 231-242. DOI: 10.13089/JKIISC.2020.30.2.231.