민간영역에서 개인정보의 처리와 이용에 관한 비교법적 고찰

Privacy information protection in ‘public sector’ and ‘private sector’ may be identical according to the phenomenological concept ‘privacy information protection’ however, there are enormous differences according to the legislative technique in regulation objects, purposes, and specially measures. Collecting privacy information in public sector is most likely an ‘administrative investigation’ to collect information for administrative purpose, and in private sector collecting information is for ‘business activities’. In addition, the privacy information protection law in public sector has another purpose, which is to secure efficiency of administrative acts by “using or applying personal information” under the major premise of protecting personal information. On the other hand, the privacy information protection law for private sector not only has a principle to “protect personal information” but has a constitutional principle called “free market economy system”. Thus, the privacy information protection law for public and private sector has a difference in legislation principle; regulating public and private sector as a bundle is to be evaluated as exceeding the limitation of legislative technique. Therefore, legislative theories find that it is appropriate to separate the privacy information protection law of public sector and private sector, nevertheless we can't deny that it is difficult to clearly separate the two areas as two different laws because both sectors has a reiterative area and they share a phenomenological purpose which is to “protect personal information”. In conclusion, it is advisable, setting one law just as the German legislative model, to separate “general and common regulation”, “personal information protection in public sector”, and “personal information in private sector” in a separate compilation or chapter.