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학술논문성균관법학2013.06 발행KCI 피인용 7

CCTV관리를 위한 법제 연구

Study on Legislation of Comprehensive Management System for CCTV

김민호(성균관대학교)

25권 2호, 219~244쪽

초록

As the installation and operation of CCTV continues to increase and related technologies evolve rapidly, proper and adverse effects of CCTV are increasing. The applicability of CCTV is too large to enumerate. CCTV takes an important role for ubiquitous society, such as the prevention of crime, criminal round-up, fire protection, environmental safety, transportation, etc. Especially in recent years, the role of CCTV for child sex offenses, crime against women, and industrial espionage is highlighted and emerging as a key instrument for ubiquitous services. On the other hand, side effects such as the invasion of privacy caused by the CCTV have been produced. Visual information collected by CCTV is protected by the Privacy Act as personal information. However, the current Privacy Act accepts a wide range of exceptions for the visual information that is collected by CCTV, and defines only the basic duties for CCTV installer such as posting signs and prevention of installation in specific places unlike any other personal information. Because there are no provisions to decide whether an invasion of privacy of another person, or determine the status of the illegal operations of CCTV under the current legal framework, the possibility of an invasion of privacy is significantly higher. As the result of blind faith for CCTV without regular maintenance, and the balloon effect caused by CCTV blind spots, side effects are increased. Therefore, in order to effectively control the dysfunction of CCTV, the government should prepare a series of measures. Although the government enacted the Personal Information Protection Act and established a CCTV integrated control center, it does not yet have a comprehensive policy designed to dispel people's concerns. Based on the awareness of these issues, this paper suggests the enactment of CCTV act, and CCTV installation reporting system through a comprehensive analysis of the CCTV general management system including CCTV-related legislations, operational and management status, and related issues.

Abstract

As the installation and operation of CCTV continues to increase and related technologies evolve rapidly, proper and adverse effects of CCTV are increasing. The applicability of CCTV is too large to enumerate. CCTV takes an important role for ubiquitous society, such as the prevention of crime, criminal round-up, fire protection, environmental safety, transportation, etc. Especially in recent years, the role of CCTV for child sex offenses, crime against women, and industrial espionage is highlighted and emerging as a key instrument for ubiquitous services. On the other hand, side effects such as the invasion of privacy caused by the CCTV have been produced. Visual information collected by CCTV is protected by the Privacy Act as personal information. However, the current Privacy Act accepts a wide range of exceptions for the visual information that is collected by CCTV, and defines only the basic duties for CCTV installer such as posting signs and prevention of installation in specific places unlike any other personal information. Because there are no provisions to decide whether an invasion of privacy of another person, or determine the status of the illegal operations of CCTV under the current legal framework, the possibility of an invasion of privacy is significantly higher. As the result of blind faith for CCTV without regular maintenance, and the balloon effect caused by CCTV blind spots, side effects are increased. Therefore, in order to effectively control the dysfunction of CCTV, the government should prepare a series of measures. Although the government enacted the Personal Information Protection Act and established a CCTV integrated control center, it does not yet have a comprehensive policy designed to dispel people's concerns. Based on the awareness of these issues, this paper suggests the enactment of CCTV act, and CCTV installation reporting system through a comprehensive analysis of the CCTV general management system including CCTV-related legislations, operational and management status, and related issues.

발행기관:
법학연구원
DOI:
http://dx.doi.org/10.17008/skklr.2013.25.2.008
분류:
법학

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CCTV관리를 위한 법제 연구 | 성균관법학 2013 | AskLaw | 애스크로 AI