개인정보에 관한 권리보호의 입법정책적 연구

The right to information privacy has been the information subjects’ right to self-determination of personal data in the conceptual respect of jurisprudential theory with no relation to a great epoch in historic fact of Constitutional Court of Korea's decision that information privacy is the fundamental human right to be protected constitutionally nevertheless. Due to the state of tension which is caused by dynamics of information society, personal information may be used for data of task performance by nation or enterprise as handler and such data is the information restructured based on analysis and extraction from the standpoint of public duty or business and restriction on the right of information subjects with respect to personal data has been regarded as infringement of as a reverse function of information society. Therefore, information subject has the right to receive information concerning the management of personal data in connection with the management of his or her own information as a part of information privacy. While information privacy is the right to privacy as an object of corresponding categories and power related to personal data and interpreted as a positive means to organize form a harmonious relationship between legal protection and lawful utilization, it is crucial to form legitimate the legal relationship of rights and obligations free from the fixed idea of denial and disbelief about personal information manager such as government or private companies first of all. As a result, it is required to set up a thick layer of protection to be protected and rationally use to be used for establishing institutional framework on redefining information privacy. Without base of such, it is meaningless to enact the laws and regulations in accordance with information environment and found the exclusive organ for information privacy. So the exclusive organ for information privacy will be constituted with the control of executive powers on the one hand, as another aspect of regulatory relaxation and coordination of the values conflict. In this viewpoint, this article inquires jurisprudential review of the consistency of 「Personal Information Protection Act」 with the statute itself within the theory and logics of information privacy and with 「Official Information Disclosure Act」, 「Electronic Government Act」, 「Act on the Protection, Use, etc., of Location Information」, and 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」. However, 「Personal Information Protection Act」 as a general law of protection of personal data in public and private sector can not only resolve the debate on personal information is partial to data protection to reestablish equilibrium of constitutional order in information in general but also seems to have no legislative policy or vision for tune-up of laws and regulations for personal data protection. Consequently speaking, it is essential for legislative bearing fruit correspondent to legislative tenor, so what is to say that tune-up of laws and regulations bound for value adjudication is mountainous pile of legislative demand. Despite the enactment of 「Personal Information Protection Act」 that is like to be endless, therefore, the mechanic composition of ‘Personal Information Protection Commission’ and ‘Ministry of Public Administration and Security’ should reach to the guarantee of information privacy supplemented by tune-up of related laws and regulations for the sake of legislative policy for the information subject’s right to information privacy and the independence exclusive organ for information privacy.