Korean Police Set First Standards for Cross-Border Personal Data Transfers

Transfers Allowed for Transnational Crime Probes and Protection of Overseas Nationals Fingerprint and Facial Data Usable; Privacy Safeguards Also Established

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By Lee Yu-jin
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Police file photo - Seoul Economic Daily Society News from South Korea
Police file photo

Korean police have established detailed standards for the first time to share personal data with overseas investigative agencies to combat transnational crime and protect nationals abroad. The move aims to clarify the legal basis for international cooperation while strengthening personal data protections.

The Korean National Police Agency said Tuesday it had enacted the "Regulation on the Overseas Transfer of Personal Data for Crime Response, Investigation, and International Cooperation," which takes effect Wednesday.

The regulation establishes detailed standards for the overseas personal data transfer system newly added to the revised Act on the Performance of Duties by Police Officers, which was promulgated in January this year.

Under the regulation, police can provide personal data to international organizations such as Interpol and Europol, as well as foreign law enforcement agencies, when necessary to protect the life and safety of citizens. This includes criminal investigations, the arrest and repatriation of fugitives who have fled abroad, the protection of overseas nationals involved in incidents or accidents, and searches for missing persons.

In particular, biometric information such as fingerprints and facial data can also be used for international cooperation. Police expect this to allow faster and more accurate identity verification of fugitives who have fled abroad, detection of forged or altered identification documents, and confirmation of the identities of the deceased and missing persons.

Control measures to protect personal data have also been established. Overseas agencies that receive personal data are prohibited from using it for purposes other than intended, and re-transfers to third parties are restricted. In addition, police plan to request the deletion or destruction of information once the purpose of use is achieved and to operate follow-up inspection procedures.

The regulation is also linked to the government-wide international cooperation system upgrade project being pursued by the Korean National Police Agency. Police believe they will be able to carry out international cooperation for criminal investigations and the protection of overseas nationals more quickly and efficiently by building an information-sharing foundation equipped with security and personal data protection systems.

"A smooth information-sharing system between countries is essential for an effective response to international crime," said Park Jun-seong, head of the Korean National Police Agency's International Cooperation Bureau. "This regulation is significant in that it enhances the effectiveness of international cooperation while systematizing standards and procedures for personal data protection."

Original reporting by Lee Yu-jin for Seoul Economic Daily.

AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.

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