Which personal information processors must periodically tell data subjects how their personal information has been used or disclosed, and when may a processor stay silent?
General information · Not legal advice
Material to check
In practice material of this kind, we read the papers showing which personal information the processor collected under the Personal Information Protection Act, and whether it holds any contact details or similar personal information for the data subject, since the exception turns on that; we also read the notification itself and the Presidential Decree setting the criteria for processors and the range of data subjects, period and method.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the conditions together: a personal information processor that meets the criteria set by Presidential Decree must periodically notify data subjects either of the details of the use and disclosure of personal information collected under this Act, or of a way to reach an information system where those details can be checked, and it must do so for the range of data subjects, in the items, period and manner the Presidential Decree sets.
Another reading turns on the proviso, which is permissive rather than absolute: where the processor has not collected or does not hold personal information enabling notification, such as contact details, it 'may not notify', and the provision does not say what a processor holding only an unverified or indirect channel should treat as a contactable detail.
Your judgment
If the processor holds an address the data subject never confirmed as theirs, does that satisfy the proviso's condition of holding personal information by which notification can be made?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if Presidential Decree sets or revises the criteria for covered processors, the range of data subjects, or the notification period and method, or if a decision explains what the proviso counts as personal information enabling notification.