EU 전자통신프라이버시지침에 관한 고찰 - 우리나라 정보통신망법과의 비교를 중심으로 -

New advanced digital technologies are currently being introduced in public communications networks in EU and Korea, which give rise to specific requirements concerning the protection of personal data and privacy of the user. The development of the information society is characterised by the introduction of new electronic communications services. Access to digital mobile networks has become available and affordable for a large public. These digital networks have large capacities and possibilities for processing personal data. The successful cross-border development of these services is partly dependent on the confidence of users that their privacy will not be at risk. The Internet is overturning traditional market structures by providing a common, global infrastructure for the delivery of a wide range of electronic communications services. Publicly available electronic communications services over the Internet open new possibilities for users but also new risks for their personal data and privacy. In the case of public communications networks, specific legal, regulatory and technical provisions should be made in order to protect fundamental rights and freedoms of natural persons and legitimate interests of legal persons, in particular with regard to the increasing capacity for automated storage and processing of data relating to subscribers and users. In the electronic communications sector, Directive 95/46/EC applies in particular to all matters concerning protection of fundamental rights and freedoms, which are not specifically covered by the provisions of Directive 2002/58/EC, including the obligations on the controller and the rights of individuals. Measures should be taken to prevent unauthorised access to communications in order to protect the confidentiality of communications, including both the contents and any data related to such communications, by means of public communications networks and publicly available electronic communications services. Safeguards should be provided for subscribers against the nuisance which may be caused by automatic call forwarding by others. Moreover, in such cases, it must be possible for subscribers to stop the forwarded calls being passed on to their terminals by simple request to the provider of the publicly available electronic communications service. This article is composed of 5 Chapters as follows ; Chapter Ⅰ Introduction, Chapter Ⅱ The Process of the Establishment, Chapter Ⅲ The Major Content of Directive 2002/58/EC, Chapter Ⅳ The Comparison with Directive 2002/58/EC and Korean Act, Chapter Ⅴ Conclusion.