개인정보의 보호와 이용법제의 분석을 위한 헌법상 고찰

In principle, the constitutional right to self decision of personal information is the right to decide to open and use personal information for themselves. However this right to self decision of personal information doesn’t vest absolute control respecting own information to each individual. We can not deny, of course, that there exist conflicts between the right of decision for personal information and the right of opening and using personal information to the public. Nonetheless, both rights need to function desirably as far as possible. And it is required that one right should not disturb the other right. Therefore, it is a lawmaker’s tasks to arbitrate a dispute between the two. When lawmaker faithfully carries out one’s such duties, we have to judge concretely whether the protection of personal information should take precedence over opening and utilization of personal information to the public or not. Constitutionally, there are diverse rights concerning the protection and utilization of personal information. It is very important to study about these protection and utilization. The importance of preceding this study in advance lies in the fact that the improvement direction and contents of related legal system can be concretely and systematically suggested afterward. Later, particularly since 2004, many regulations were enacted without consistent principle and standard concerning the protection and utilization of personal information in the field of public and private sectors during the tedious process of enacting the personal information law. From now on, several established laws should be reconsidered according to the new personal information protection law.