Table 2 Types of lawful processing of personal and sensitive information under the PIPA.

From: Insights from the Incheon Airport Case in South Korea: balancing public safety and individual rights with global scalability analysis

Sensitive Information (Article 23(1))

Personal Information (Article 15(1))

                      1. Where consent is obtained from a data subject.

2. Where other statutes or regulations require or permit the processing of sensitive information.

2. Where special provisions exist in other statutes or it is unavoidable due to obligations under statutes or regulations.

3. Where it is unavoidable for a public institution’s performance of work under its jurisdiction as prescribed by statutes or regulations, etc.

4. Where it is necessary to take measures at the request of a data subject in the course of performing a contract concluded with the data subject or concluding a contract.

5. Where it is deemed manifestly necessary for the protection, from imminent danger, of life, bodily and property interests of a data subject or a third party.

6. Where it is necessary to attain the legitimate interests of a personal information controller, which such interest is manifestly superior to the rights of the data subject.

7. Where it is urgently necessary for the public safety and security, public health, etc.

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