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South Korea PIPA Art. 37-2 (automated decisions)

Personal Information Protection Commission (PIPC) · pack 0.2.0 · verified against the official source as of 2026-10-02. AI-adjacent group: general privacy or biometric law, included only where AI data flows trigger it. Open it in the explorer.

Binding law — in force

Controllers must explain fully automated (including AI) decisions on request and publish their criteria and procedures (South Korea PIPA)

A data subject may ask for an explanation of a decision a controller made by a fully automated system, including AI (Art. 37-2(2)); the controller must, absent justifiable grounds, provide the explanation (Art. 37-2(3)), and must publish the criteria and procedure of its automated decisions and how personal information is processed so data subjects can easily check them (Art. 37-2(4)). Under the Enforcement Decree, an explanation must be concise and meaningful and give the result, the main types of personal information used, the main criteria including how those types affected the decision, and the procedure (Art. 44-3(2)); a request to have added information considered must be reviewed and answered (Art. 44-3(3)); both within 30 days (Art. 44-3(5)); and the controller must publish on its website that it makes automated decisions with their purpose and the data subjects covered, the main personal-information types and how they relate to the decision, what the process considers and how the data is processed, the purpose and items where sensitive data or a child under 14's data is processed, and how to refuse or request an explanation, in standardised terms (Art. 44-4). Detect an automated-decision service with no published criteria or no explanation handler.

kr-pipa-adm.explanation-and-published-criteria · 개인정보 보호법 제37조의2 (Art. 37-2, rights over automated decisions) · official source · jurisdictions: KR

The guard to add, and how far to trust this rule

Binding law — in force

People may refuse significant fully automated (including AI) decisions; the controller must stop them or re-process with a human (South Korea PIPA)

A data subject may refuse a decision made by processing personal information with a fully automated system, including a system applying AI technology, where it significantly affects their rights or obligations, unless the decision rests on consent, a legal duty or a contract (Art. 15(1)1, 2, 4) (Art. 37-2(1)). On a refusal the controller must, absent justifiable grounds, stop applying the automated decision or re-process it with human involvement (Art. 37-2(3)). The Enforcement Decree requires refusals to follow the method the controller publishes (Art. 44-2(1)), the controller to take one of those measures and tell the data subject the result (Art. 44-3(1)), to give written reasons when it rejects a request on justifiable grounds (Art. 44-3(4)), and to act within 30 days, extendable twice by 30 days with notice (Art. 44-3(5)). Detect model output that becomes a decision about a person with no refusal route or human re-processing.

kr-pipa-adm.refuse-or-human-reprocessing · 개인정보 보호법 제37조의2 (Art. 37-2, rights over automated decisions) · official source · jurisdictions: KR

The guard to add, and how far to trust this rule