개인정보보호제도의 본질과 보호법익의 재검토

Personal data should be protected for the subject's privacy. However, personal data has other characteristics, which is currently business asset indispensable in order to conduct business associated with the Internet and sometimes should be opened to the public in order to ensure the freedom of expression. Therefore personal data should not be treated as single meaning. This Essay reviewed these personal data's characteristics in the perspectives of social, economic and moral values. On the one hand, personal information protection in ‘public sector' and ‘private sector’ may be identified according to the phenomenological concept ‘personal information protection’ however there are enormous differences according to the legislative technique in regulation objects, purposes, and special measures. Collecting personal data in the public sector is most likely an ‘administrative investigation for administrative purpose, which means that the data subject can be exposed to national monitoring and supervision. Therefore the law must be prescribed the followings : collection and use of personal data, data subject's rights, remedies of the data subject and so on. In addition the effectiveness of this law shall be secured through policy measures such as budget cuts other than monetary sanctionsOn the other hand, in private sector collecting information is for ‘business activities’ and the main value of personal data in this sector is 'economic value'. In this sector, the principle of private autonomy and freedom of contract should be respected. Principles of Civil Law shall apply and just in exceptional cases requiring public interest highly such as financial or medical sectors these principles can be modified.