Global Data and Cyber Handbook

South Korea

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Data Processing in the Employment Context
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Data Processing in the Employment Context Start Comparison
Is an identified legal basis required in order to collect or process personal data or sensitive personal data in the employment context?

Last review date: 1 January 2025

Yes

The potential legal bases for data processing in the employment context are mostly the same as for data processing in other contexts. However, employers must not collect the following information about job applicants unless necessary for job performance:

  • Physical appearance of the job applicant such as height, weight, etc.
  • Region of origin, marital status, property ownership of the job applicant
  • Education, occupation, property ownership of the job applicant's lineal ascendants and descendants and siblings (Fair Hiring Procedure Act, Article 4-3).
Can consent be validly obtained in the employment context?

Last review date: 1 January 2025

Yes, same as for data subjects outside the employment context.

Has the data privacy regulator issued guidance on use of artificial intelligence, automated decision making or profiling in an employment context – for example, relating to use in employee monitoring or hiring?

Yes

In September 2024, the PIPC released "Guidelines on the Rights of Data Subjects in Automated Decisions." This follows the implementation of PIPA Article 37-2 in March 2024, which regulates decisions made by fully automated systems (including those using AI technology) that process personal information. The guidelines provide comprehensive information on the newly introduced rights of data subjects and include specific examples and guidance on the use of AI and automated decisions in the employment context, such as employee monitoring and hiring.

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