Advising on restrictions on transferring spatial data abroad and on remote access from overseas

For a company seeking to share the results of surveying and spatial data analysis performed in Korea with its overseas headquarters, we advised on the scope of the restrictions on taking spatial data out of the country under the relevant laws and the requirements for permission.

Following the initial review, we provided further advice on various ways of using the information, including raw survey data, processed and analyzed results, and remote access by overseas experts.

The key issues were whether survey data produced or held by a private company is also subject to the restriction on export, and how the regulation differs depending on whether the survey is classified as a basic survey, a public survey, or a general survey.

Other issues included the legal distinction between survey results and survey records, whether raw data and secondary processed data could be taken abroad, and whether it is lawful to view data by remotely accessing a server in Korea from overseas.

We analyzed the Act on the Establishment, Management, etc. of Spatial Data and its subordinate statutes and administrative rules to review the export restrictions and exceptions for each type of survey data.

In particular, we analyzed whether the regulations apply to raw data and processed data based on whether the actual spatial information could be reproduced rather than on the format of the data, and reviewed the legal independence of general survey data and whether remote access from overseas could constitute taking data out of the country.

We advised that whether the restriction on taking data out of the country applies depends on the legal nature and content of the survey data, not on whether the company is a private business.

We also distinguished whether raw data and processed data could be transferred abroad, and advised that remote access from overseas also carries a risk of falling under the export restriction.