전자형태의 개인정보 파기위탁에 관한 입법적·실무적인 제언 ― 미국과 캐나다 입법례와의 비교법적 고찰 ―

A serious social problem is occurring because a tremendous amount of computer hard disk is being distributed not only inside and outside the Republic of Korea without the personal information inside thereof being properly deleted. To the extent that electronic forms of personal information, such as computer hard disk, have important or sensitive information of individuals, private companies, or public institutions, they are highly vulnerable to illegal transactions or crimes in abusive ways. In this respect, most companies and public institutions as a practical matter enter into an agreement for entrustment with an agency for destroying computer hard disk because they have practical and technical difficulties in destroying physical forms of devices, such as hard disk. The domestic Personal Information Protection Act generally provides for the issues of control and supervision or responsibilities between a person entrusting handling of personal information and a person handling personal information by entrustment. However, with respect to the duties and obligations of entrusting parties and entrusted parties or the criteria for determining the specialty and suitability of the entrusting parties and entrusted parties, there are no concrete provisions. This article discusses the legislation of U.S. and Canada as reference points for the purpose of putting in place domestic legal criteria. With respect to the domestic personal information protection related laws, simply declarative or ambiguous provisions should be modified and supplemented with more concrete and clear provisions. Like the U.S.'s relevant provisions, the indispensable obligations, such as conducting prior due diligence for entrusted parties regarding entrustment of destruction of electronic personal information, should be regulated by express legal norms, and like Canada's relevant provisions, any other important obligations of entrusting parties, entrusted parties and their subcontractors that are desirable of being contractually provided should be set forth in a form of the enforcement rules or guidelines.