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학술논문비교형사법연구2012.12 발행KCI 피인용 7

범죄예방을 위한 개인정보 수집 및 활용에 대한 통제- 9.11테러 전후 미국의 개인정보법제의 변화와 그 의미를 중심으로 -

Control over the Collection and Utilization of Personal Information for the Crime Prevention

김봉수(전남대학교)

14권 2호, 73~100쪽

초록

In the Unitied State, the protection of personal information is interpreted in privacy protection problem. This access mode is a noticeable in a communication region and is confirmed by various contents of「Omnibus Crime Control and Safe Street Act」,「Electronic Communication Privacy Act(ECPA)」,「Foreign Intelligence Surveillance Act」,「Communication Assistance for Law Enforcement Act」. But this access mode has changed after Sep. 11 terror attacks. An example of that changes is the enactment of 「Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act」,so-called 「USA Patriot Act」. This act was based on the tough anti-terrorism policies of the U. S. post Sep. 11 terror. In terms of that contents, it drew international criticism, with some saying it could violate the people's basic human rights. On the other hand, we have been prompt in dealing with the changes of the society and the social need to protect a personal information through making laws such as 「Protection of Communications Secrets Act」, 「Protection of Personal Information Act」,「Law on the protection and use of location information」,However, on this legislative responses, there have been criticisms ① that it has poor content in respect of the procedural restriction and regulation, ② that it can cause problems of the coherence on interpretations and the confusion on applications of law in relations terms.

Abstract

In the Unitied State, the protection of personal information is interpreted in privacy protection problem. This access mode is a noticeable in a communication region and is confirmed by various contents of「Omnibus Crime Control and Safe Street Act」,「Electronic Communication Privacy Act(ECPA)」,「Foreign Intelligence Surveillance Act」,「Communication Assistance for Law Enforcement Act」. But this access mode has changed after Sep. 11 terror attacks. An example of that changes is the enactment of 「Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act」,so-called 「USA Patriot Act」. This act was based on the tough anti-terrorism policies of the U. S. post Sep. 11 terror. In terms of that contents, it drew international criticism, with some saying it could violate the people's basic human rights. On the other hand, we have been prompt in dealing with the changes of the society and the social need to protect a personal information through making laws such as 「Protection of Communications Secrets Act」, 「Protection of Personal Information Act」,「Law on the protection and use of location information」,However, on this legislative responses, there have been criticisms ① that it has poor content in respect of the procedural restriction and regulation, ② that it can cause problems of the coherence on interpretations and the confusion on applications of law in relations terms.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2012.14.2.004
분류:
법학

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범죄예방을 위한 개인정보 수집 및 활용에 대한 통제- 9.11테러 전후 미국의 개인정보법제의 변화와 그 의미를 중심으로 - | 비교형사법연구 2012 | AskLaw | 애스크로 AI