개인정보 보호와 빅데이터 활용의 충돌, 그 문제와 입법정책 과제 -보건의료 빅데이터를 중심으로-

Recently, an area of the health & medical sector is going ahead noticeable in the domestic Big Data policy area. The health & medical information of individuals is equivalent to the most sensitive information. Sensitive information, such as medical and health information is collected and analyzed over the steps in the public sector. Being transferred to the private sector, private sector leverage big data management and controlling them has a very important meaning in the privacy level. The current health & medical Big Data Policy did not have a legislative basis in despite of its usefulness virtually. Accordingly, it is necessary to improvement the legislation of the health & medical Big Data Policy. To do this, it is necessary to flexibly determine the scope of protection of personal information on the "Personal Information Protection Act". And there is a need to confirm personal information is "subject to privacy protection" and "free circulation destination". And it is necessary to introduce a personal information collecting method based on opt-out system in "Personal Information Protection Act". On the other hand, in the "Act on Promotion of the provision and Use of Public Data" shall have the leverage big data based on opt-out scheme according to the "Personal Information Protection Act". Thus, it is required to determine how the data in the public policy of all operations, including health & medical Big Data. In this case, "Act on Promotion of the provision and Use of Public Data" shall have the action to reduce the risks according to introduction of the opt-out system. For this purpose it is necessary to ensure the Right to Informational Self-Determination as procedural rights of the subject of information. Finally, "Act on Promotion of the provision and Use of Public Data" are in a position of special laws for the "Personal Information Protection Act" in the Personal Information Protection's area. At the same time, "Act on Promotion of the provision and Use of Public Data" should be brought to the location of the Basic Law in Big Data application fields. This will be the most desirable and the legal system in the area take advantage of Big Data.