BSA Advocates for Regulatory Reform in South Korea’s Personal Information Protection Act

The Software Alliance (BSA) has formally submitted comments to South Korea’s Personal Information Protection Commission (PIPC) regarding proposed amendments to the Enforcement Decree of the Personal Information Protection Act (PIPA). The trade group’s recommendations focus on refining mandatory incident notification requirements, streamlining international certification recognition, and establishing a risk-based penalty framework for data security failures.

Refining Data Breach Notification Obligations

BSA proposes that South Korean regulators limit the scope of mandatory breach notifications to incidents that present a material risk of significant harm to data subjects.

Streamlining ISMS-P Certification

A central pillar of BSA’s feedback involves the Information Security Management System (ISMS-P) certification, a mandatory requirement for many large-scale businesses operating in South Korea.

Implementing a Risk-Based Penalty Framework

BSA has urged the PIPC to differentiate between organizations that actively invest in robust cybersecurity measures and those that demonstrate negligence. In its submission, the organization recommends that the penalty structure under PIPA account for a company’s existing security investments and proactive risk-mitigation strategies.

Context of the Proposed Amendments

The PIPC is currently in the process of updating the Enforcement Decree to ensure the legislative framework keeps pace with evolving digital threats and cloud-based business models.

Key Recommendations Summary

• Notification Thresholds: Focus reporting requirements on incidents with a material risk of significant harm.
• Proportional Enforcement: Tailor financial penalties to distinguish between entities with mature security programs and those lacking adequate safeguards.