‘WITH Innovation’ personal information leakage victims to receive up to KRW 3 million compensation
Kang Eun Seong | esther@ | 2017-09-11 11:18:21
[Digital Times, Kang Eun-song & Jin Hyun-jin] It has been a situation where the victim had to pay up to KRW 3 million in damages to the victims, as well as important personal information such as resident registration number, as well as the stay record of the lodging company such as the motel. Punitive damages and statutory damages are first applied under the amended law.
According to the Korea Communications Commission (KCC) and the Ministry of Justice on September 10 which is operating here, announced that the information leakage victims and according to the Information and Communication Network Promotion and Information Protection Act (hereinafter referred to as "Information and Communication Network Act") revised on July 25, Punitive damages and legal claims for damages.
In March of last year, the site was attacked by hackers, and 3,323,910 accommodation information of the subscriber and 178,625 members` personal information were stolen. Except for the duplicates, 97,1877 people were stolen, and 4817 letters that caused shame, such as "Did you have a wonderful night at X X X X (Accommodation company name)" at the time, were sent to the parties, It got bigger. Then, the Korea Communications Commission held a general meeting on the 8th of last month to discuss the issue of Weed Innovation with a penalty of KRW 310 million, a penalty of KRW 25 million, a recommendation to discipline the responsible person, an order to stop violation and to establish measures to prevent recurrence, .
The disciplinary amount itself was not large at KRW 326 million. However, it became the first case to receive the highest disciplinary punishment under the existing law by amounting to 3% of sales, the ceiling of discipline specified in the law, and the representative director and the person in charge of discipline.
WITH Innovation, in particular, should implement not only administrative dispositions but also actual damages and remedies for victims of information leakage. Thousands of information outbreaks have occurred in the meantime, but victims have not been able to identify the actual amount and amount of damage and have not received any compensation from the outflow company. Some victims demanded civil damages through class action lawsuits, but there were many loopholes in the law, which resulted in a ridiculous result of the information leaking company in the upper class. Therefore, the government and the National Assembly revised the Information and Communication Network Act to provide a legal basis for businesses that leaked personal information to provide substantial relief to victims.
Meanwhile, according to Article 32 and Article 32, scope 2 of the revised Information and Communications Network Act, victims of spillage may request a ‘punitive damages’ amounting to up to three times the amount of damage to WITH Innovation. They can claim legal damages up to the limit. This is the first time that punitive damages and statutory damages have been applied.
The Korea Communications Commission pointed out that "WITH Innovation has made a very serious violation" because it has neglected the technical and administrative protection measures for the protection of user`s personal information and caused the information leakage through hacking. According to the Korea Communications Commission (KCC) survey, WITH Innovation violated a number of personal information protection measures such as access control, access record preservation, encryption, and expiration date set by the Information and Communication Network Act.
Accordingly, WITH Innovation is likely to be awarded a KRW 3,000,000 compensation for `punishment` in punitive damages or legal damages.
Kim Kyung-hwan, a lawyer specializing in personal information protection, said, "If we look at the case law, the administrative disposition of the regulatory agency has been used as a basis of judgment in the actual court, the dismissal of the ‘serious violation.’ It is highly likely that you will be awarded the highest level of indemnity as well as damages for `intentional or serious negligence` of the cause of damages."
He said, "The reason why the victims leaked out in the past is that the victim had to directly prove the facts and the scale of the specific damage." The revised law says that the "burden of proof" "WITH Innovation is not likely to prove innocent or unintentional, so it is more likely that punitive damages or statutory damages should be implemented."
If WITH Innovation declares ‘bankruptcy’ saying that it is not capable of damages, victims will not be able to receive compensation even if they win the trial. Kim said, "Companies in the United States and Europe, which are very active in civil litigation, often fail to cope with huge penalties and losses in the aftermath of information leaks," said Lee. "In this case, it is meaningful that it is a case of ringing the alarm that the customer information may be managed neglectfully."
By Kang Eun Seong & Jin Hyun Jin esther@
[ copyright ⓒ The Digitaltimes ]
According to the Korea Communications Commission (KCC) and the Ministry of Justice on September 10 which is operating here, announced that the information leakage victims and according to the Information and Communication Network Promotion and Information Protection Act (hereinafter referred to as "Information and Communication Network Act") revised on July 25, Punitive damages and legal claims for damages.
In March of last year, the site was attacked by hackers, and 3,323,910 accommodation information of the subscriber and 178,625 members` personal information were stolen. Except for the duplicates, 97,1877 people were stolen, and 4817 letters that caused shame, such as "Did you have a wonderful night at X X X X (Accommodation company name)" at the time, were sent to the parties, It got bigger. Then, the Korea Communications Commission held a general meeting on the 8th of last month to discuss the issue of Weed Innovation with a penalty of KRW 310 million, a penalty of KRW 25 million, a recommendation to discipline the responsible person, an order to stop violation and to establish measures to prevent recurrence, .
The disciplinary amount itself was not large at KRW 326 million. However, it became the first case to receive the highest disciplinary punishment under the existing law by amounting to 3% of sales, the ceiling of discipline specified in the law, and the representative director and the person in charge of discipline.
WITH Innovation, in particular, should implement not only administrative dispositions but also actual damages and remedies for victims of information leakage. Thousands of information outbreaks have occurred in the meantime, but victims have not been able to identify the actual amount and amount of damage and have not received any compensation from the outflow company. Some victims demanded civil damages through class action lawsuits, but there were many loopholes in the law, which resulted in a ridiculous result of the information leaking company in the upper class. Therefore, the government and the National Assembly revised the Information and Communication Network Act to provide a legal basis for businesses that leaked personal information to provide substantial relief to victims.
Meanwhile, according to Article 32 and Article 32, scope 2 of the revised Information and Communications Network Act, victims of spillage may request a ‘punitive damages’ amounting to up to three times the amount of damage to WITH Innovation. They can claim legal damages up to the limit. This is the first time that punitive damages and statutory damages have been applied.
The Korea Communications Commission pointed out that "WITH Innovation has made a very serious violation" because it has neglected the technical and administrative protection measures for the protection of user`s personal information and caused the information leakage through hacking. According to the Korea Communications Commission (KCC) survey, WITH Innovation violated a number of personal information protection measures such as access control, access record preservation, encryption, and expiration date set by the Information and Communication Network Act.
Accordingly, WITH Innovation is likely to be awarded a KRW 3,000,000 compensation for `punishment` in punitive damages or legal damages.
Kim Kyung-hwan, a lawyer specializing in personal information protection, said, "If we look at the case law, the administrative disposition of the regulatory agency has been used as a basis of judgment in the actual court, the dismissal of the ‘serious violation.’ It is highly likely that you will be awarded the highest level of indemnity as well as damages for `intentional or serious negligence` of the cause of damages."
He said, "The reason why the victims leaked out in the past is that the victim had to directly prove the facts and the scale of the specific damage." The revised law says that the "burden of proof" "WITH Innovation is not likely to prove innocent or unintentional, so it is more likely that punitive damages or statutory damages should be implemented."
If WITH Innovation declares ‘bankruptcy’ saying that it is not capable of damages, victims will not be able to receive compensation even if they win the trial. Kim said, "Companies in the United States and Europe, which are very active in civil litigation, often fail to cope with huge penalties and losses in the aftermath of information leaks," said Lee. "In this case, it is meaningful that it is a case of ringing the alarm that the customer information may be managed neglectfully."
By Kang Eun Seong & Jin Hyun Jin esther@