Even if they consented to a phone inspection during immigration screening... NHRCK: “Photographing and retaining data are separate matters”

[Financial News] The National Human Rights Commission of Korea has ruled that clear consent, separate from consent to inspect a phone, is required to photograph and retain information from a foreign national’s phone during immigration screening.
The NHRCK said on the 19th that it had recommended that the head of the A Airport Immigration and Foreigners Office improve procedures for inspecting and collecting personal information from phones during immigration screening. The commission made the decision on the 7th.
The complaint was filed in October 2025 by foreign nationals who alleged that immigration authorities had violated their right to informational self-determination by inspecting and collecting personal information on their phones during immigration screening.
The immigration authorities argued that they had inspected the phones with consent to verify the purpose of entry and other matters, and that photographing some of the information was a measure to secure evidence needed for screening.
The NHRCK, however, found problems with the consent process. It said that even if the immigration authorities had obtained consent orally and in writing, it would be difficult to regard it as explicit consent if they had not clearly explained the purpose and items of the inspection and collection, as well as the retention period.
The NHRCK specifically pointed out that consent to a phone inspection alone cannot be taken to mean that photographing and retaining information was also authorized. The commission said more stringent safeguards are needed when inspecting and collecting such information because phones contain a wide range of private information, including photos, messages and financial data.
The NHRCK explained that phones are devices that hold a wealth of information related to people’s private lives, such as photos, messages and financial data, and that stricter procedures are needed to protect personal information when it is inspected or collected.
The immigration authorities revised their consent form for the collection and use of personal information during the NHRCK’s investigation. The commission nevertheless found that the revised form also broadly defined the scope of information collected and the retention period, thereby restricting data subjects’ rights to control and manage their information.
Taking into account the purpose of the Personal Information Protection Act, the NHRCK recommended collecting and using personal information only to the extent that safeguards data subjects’ right to self-determination, and destroying information without delay once the purpose for which it was collected has been fulfilled.


[email protected] Seo Ji-yoon Reporter