Asia-Pacific · South Korea

Korea PIPA: automated decision rights and AI rules

Personal Information Protection Act (Republic of Korea), 2023 amendment (Act No. 19234) including Article 37-2 on automated decisions, and PIPC AI guidance

Korea's general privacy law, which since 2024 lets people refuse or demand an explanation of fully automated decisions, and which in 2026 gained special rules for using personal data to build AI.

BindingLaw/RegulationDevelopers and deployersReaches beyond its bordersNot an AI-specific law
Regulator
Personal Information Protection Commission (PIPC)
Adopted
14 Mar 2023
In force
15 Mar 2024
Sectors
All sectors
Penalties
Administrative fine up to 3% of total annual revenue, excluding revenue unrelated to the violation (PIPC, 2023 amendment).
Last verified
19 Oct 2026Official source

Summary

  • Automated decision rights (Art. 37-2): where a fully automated decision, including one made with AI, significantly affects a person's rights or obligations, the person can refuse it or ask for an explanation, and can ask for review. PIPC gave job interviews and selecting welfare beneficiaries as examples (2023 press release).
  • Timing: the 2023 amendment took effect mostly on 2023-09-15; PIPC said some provisions had later start dates. Secondary sources (and the implementing decree, Presidential Decree No. 34309) put Art. 37-2 at 2024-03-15.
  • Higher fines: maximum penalty raised to 3% of total revenue, excluding revenue unrelated to the violation.
  • Generative AI guidelines (2025): PIPC splits the generative AI lifecycle into four stages (purpose setting, strategy, training and development, application and management), suggests lawful bases such as legitimate interests by data type and source, and asks for AI privacy governance led by the chief privacy officer.
  • 2026 AI special provisions: passed on 2026-08-20. They allow lawfully collected personal data to be used for AI development beyond existing lawful bases where AI development would otherwise be difficult or substantially limited and the use is needed in the public interest (conditions summarised from the PIPC release; bill text not read), with risk assessments for sensitive or unique identifiers, privacy policy disclosure and PIPC oversight. Not yet in force: takes effect six months after promulgation (promulgation date not stated in the source).

Who it applies to

  • All personal information controllers in Korea, public and private.
  • Foreign companies processing Koreans' data are covered; larger ones must appoint a domestic representative (PIPA domestic agent rules; article not re-checked).
  • Credit evaluation decisions are governed by a parallel provision in the Credit Information Act (secondary).

Key dates

  1. National Assembly passes the PIPA amendment
  2. Amendment promulgated (Act No. 19234; promulgation date secondary)
  3. Most amended provisions and the Enforcement Decree take effect
  4. Automated decision rights (Art. 37-2) and implementing decree take effect (secondary sources)
  5. PIPC unveils Guidelines on Personal Data Processing for Generative AI
  6. National Assembly passes PIPA amendment with AI development special provisions; takes effect six months after promulgation
Full date record
Date Event
2023-02-27 Amendment passed by the National Assembly
2023-03-14 Promulgated (secondary)
2023-09-15 Main provisions and Enforcement Decree effective
2024-03-15 Art. 37-2 automated decision rights effective (secondary)
2024-09 PIPC guide on rights regarding automated decisions adopted (secondary)
2025-08-06 Generative AI guidelines unveiled
2026-08-20 AI development special provisions passed; in force six months after promulgation

Penalties and enforcement

  • Fines up to 3% of total revenue minus unrelated revenue.
  • PIPC actively supervises AI: it has sanctioned AI-related firms and runs a prior adequacy review for new AI services (PIPC English press list; dates not checked).

What it means for an Indian company

Obligations

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Glossary

  • PIPA: Personal Information Protection Act, Korea's general privacy law.
  • PIPC: Personal Information Protection Commission, the regulator.
  • Fully automated decision: a decision made by a system, including AI, without meaningful human involvement.
  • Enforcement Decree: the presidential decree that fills in details of an Act.
  • Prior adequacy review: a PIPC process to check a new service's privacy safeguards before launch.
  • UII: uniquely identifiable information, such as resident registration numbers.

Key takeaways

  • Not AI-specific, but Art. 37-2 gives rights to refuse or get an explanation of significant fully automated decisions.
  • Art. 37-2 effective 2024-03-15 per secondary sources; the official Korean statute text was not reachable for this card.
  • PIPC's 2025 generative AI guidelines are the practical playbook for training data and safeguards.
  • New AI development special provisions passed 2026-08-20 but are not yet in force.

Official sources

This is general information, not legal advice. Last verified 19 Oct 2026 against the official source. Laws change; confirm the current position with qualified counsel before acting.

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