개인정보 보호 법제의 법적 문제― 금융개인정보와 생체개인정보를 중심으로 ―

This paper aims at pointing out several problems on the current legislative system of personal data protection. The most problematic are personal financial data and personal biometric data, since there is no appropriate regulation but the importance of both data is increasing. The first part of this article is thus allotted to analyzing the current legislative system about personal financial data, and compares it with the regulation thereon of the United States. That is because financial authorities of Korea have clarified their position that the Korean legislations are more protective than those of the United States. In the latter part of this article, then, I studied the controversial issues related to personal biometric data in detail. The biggest problem about them is that they are excluded from the definition of ‘sensitive information’ of the Personal Data Protection Act. Therefore those data are being regulated by a Guideline called a voluntary regulation. With regard to these problems, I tried to construct a legislative resolution in detail. Regarding personal financial data, I suggested either an ‘Opt in’ rule which is accordance with the principle of the current Personal Data Protection Act, or a very elaborate ‘Opt out’ rule which has reliable protection mechanisms. Concerning personal biometric data, I emphasized the need of a new legislative system which is specialized and independent, instead of incorporating those data into the definition of the ‘sensitive information’.