생체정보 보호를 위한 입법론적 고찰

Biometric Information is information which is able to automatically identify verification of individuals using physiological or behavioral characteristics. Information from biometric technologies is also personal information because it identifies individuals with identifier like personal names or registration numbers. The current legislative structure for the protection of personal information in Korea , however, has expressed concerns over the legislative blank because it regulates with dividend methods reaching to the public sector or the private sector. For conformibility of the legal structure, Korea should establish a general integrated law for the personal information protection and a professional organization which is able to control the process of biometric scanning data in both public sector and private secotr. While drafting the bill for the protection of biometric information, legislators should consider the right to decide self-information as well as human rights. When biometric scanning identifier is forcibly used on the process of public administration, for example, the government should regulate with minimum standard and apply for the principle of comparison or overreglation prohibition on Constitution. As a consequence, Korea should make a 'Personal Information Protection Act' as a general integrated law for the protection of biometric information and also a 'Biometric Information Protection Act' as a special law which enhances the protection of sensitive biometric information. After establishing this kinds of legal structure, we should double-check provisions for the human right protection and controls from the supervisiory organization.