개인정보 분쟁조정제도의 운영 현황과 법적 쟁점

According to growing of personal information leakage, reported infringements are growing too. On the other hand, the mediation application of PICO (Personal Information Dispute Mediation Committee), except the application of collective dispute mediation, was not increased. This shows that the social awareness is not sufficient on the dispute mediation system. This study was trying to find problems on operation of system through the analysis of personal information law and the improvement direction of this system. In operation of personal information dispute mediation, it needs not only to improve the procedure of dispute mediation but also to reform the regulations as the problems to apply the law. It is because there are some vague cases in appling between laws. Also in the compensation on the personal information leakage, though the burden of proof was exchanged from complaint to personal information controller, there are many cases that is not able to be compensated substantially. Recently what the statutory damages system introduced seems to approach these problems with effectiveness. However in proofing that the controller should prove that there was no intentional act nor negligence on its part, it is not clear which rule can be applied. Therefore, making the rule effectively is the most important. The problem of operation in the collective dispute mediation system also needs to improve in the aspect of relief practically. Especially, in both cases that are operated and not operated with mediation system, PICO and Court are handling individually. So the controller does not want to accept the mediation opinion of PICO before court. Therefore personal information dispute mediation system needs to make the systematic solution for securing sincerity of controller and introduce the system for completing mediation procedure.