[Consultation] Regarding response measures when investigative agencies request personal information.
Article posted in | VEAT
Operating a real estate platform, OO Company has frequently received requests for personal information from investigative agencies, including cases based on warrants, as well as those based on verbal requests or simple official documents. When receiving such requests, OO Company requested advice on how to handle them.
Law firm Veat divided the cases into ① when a warrant is presented (which can be divided into cases where the original is presented and cases where a copy is presented via fax, etc., followed by the original) and ② when personal information is requested based on official documents without a warrant, and provided opinions on the appropriate measures for each case.
In particular, regarding cases where personal information was transmitted to investigative agencies without user consent, it analyzed practical examples following (1) a ruling recognizing a compensation obligation of KRW 500,000 for the business entity (Seoul High Court Ruling of October 18, 2012, 2011na19012) and (2) the fact that the Seoul High Court ruling was overturned (Supreme Court Ruling of March 10, 2016, 2012da105482) and subsequent practical practices.
Law firm Veat comprehensively considered relevant regulations, the intent of the Seoul High Court and Supreme Court rulings, and current practical examples to suggest the most appropriate and lawful response measures to its client.
Thank you.
Law firm Veat