South Korean top court bars mobile companies to share customers data with intelligence agencies

July 21, 2022

By The South Asia Times

SEOUL: The constitutional court of South Korea on Thursday struck down a new law that was authorities mobile companies to provide their customers’ personal data to intelligence agencies, local media said

The country’s constitutional court called the law unconstitutional and ruled it violates the right to self-determination of personal information, according to Yonhap News Agency.

The government authorities the mobile carriers under the Telecommunications Business Act to accept the request of investigative authorities whenever they need data of any of their customers without notifying them.

The law was challenged by several rights groups and lawyers and urged the top court to strike it down.

The court in a unanimous verdict ruled that the clause is "in discord with the Constitution,” and said that the law violates the right to self-determination of personal information.

“When an act or a law is ruled to be in discord with the Constitution, the law remains effective temporarily in order to prevent confusion in society and to give a grace period for the legislative branch to come up with a replacement,” the court said in its verdict.

The court also termed the acquiring of any citizen's personal information without notifying them as an unconstitutional act.