개인정보보호법 제정 필요성 및 방향
A Need for the Personal Data Protection Act and its Direction
정준현(단국대학교)
22권 3호, 565~592쪽
초록
The major function of the development of the IT-technology is to make it possible that consumers demand some service simply with their click control and the providers supplies the real-time service in the public and private sector without the horrible picture of a 'Zero Privacy Society'with flourishing personal data on the Web. But the current laws such as "Act on the Personal data protection in public sector" and "Act on the telecom networks utilization and personal data protection" have several flaws to realize the above. For example, not only more than 67.9% of the total personal data infringements cases reported to KISA are not protected due to the breach of the latter, but also can not prevent the spam networks from sending the unsolicited text messages discriminately to smart phone user under the current provisions of the latter. Even though the use of alternatives will lower the chances of privacy invasion that comes with using resident registration number. the latter unduly adopts the real-name system in exercising the freedom of expression through the internet bulletin, the user can not exercise the anonymous right in the internet,The problems are not different in public sector. For example, "Act on the Lapse of Criminal Sentence" calls for eliminating the suspected person's investigation record after for while, if he was acquitted or ruled not guilty by the prosecution, but "Guideline on criminal information operating system" whitout leagl base calls police detectives not to eliminate the suspected person's investigation record. Namely the latter restricts 'the self-control right of personal data' and the right to be forgotten without any legal authorization. In conclusion, "Bill of the Act on personal data protection" in shape of Omnibus, which rules the every phase of life and the every communication equipment or electronic parts around the legally protected interests without any discrimination, is demanded and the enactment of it must be realized by the national assembly as possible as soon.
Abstract
The major function of the development of the IT-technology is to make it possible that consumers demand some service simply with their click control and the providers supplies the real-time service in the public and private sector without the horrible picture of a 'Zero Privacy Society'with flourishing personal data on the Web. But the current laws such as "Act on the Personal data protection in public sector" and "Act on the telecom networks utilization and personal data protection" have several flaws to realize the above. For example, not only more than 67.9% of the total personal data infringements cases reported to KISA are not protected due to the breach of the latter, but also can not prevent the spam networks from sending the unsolicited text messages discriminately to smart phone user under the current provisions of the latter. Even though the use of alternatives will lower the chances of privacy invasion that comes with using resident registration number. the latter unduly adopts the real-name system in exercising the freedom of expression through the internet bulletin, the user can not exercise the anonymous right in the internet,The problems are not different in public sector. For example, "Act on the Lapse of Criminal Sentence" calls for eliminating the suspected person's investigation record after for while, if he was acquitted or ruled not guilty by the prosecution, but "Guideline on criminal information operating system" whitout leagl base calls police detectives not to eliminate the suspected person's investigation record. Namely the latter restricts 'the self-control right of personal data' and the right to be forgotten without any legal authorization. In conclusion, "Bill of the Act on personal data protection" in shape of Omnibus, which rules the every phase of life and the every communication equipment or electronic parts around the legally protected interests without any discrimination, is demanded and the enactment of it must be realized by the national assembly as possible as soon.
- 발행기관:
- 법학연구원
- 분류:
- 법학