범죄수사에 있어서 통신자료제공 요청 제도의 문제점과 개선방안

Various discussions have been done in reference to the communication data provision system. Now, it’s time to produce results which accord with the people’s safeguard for human rights based on these discussions. The key point of the discussions on communication data collection can be summarized and arranged by two things as follow: First, the communication data provision system is abused. Second, plans to improve this are required. The heart of the question is how to harmonize a conflict between two values of ‘safeguard for human rights’ and ‘the necessity of investigation’ with each other. The communication data provision system is needed to respond to crimes promptly and investigate them effectively. However, means which can control abuse for the people’s safeguard for human rights should be prepared. The Right to Informational Self-Determination and freedom of expression should be guaranteed by revising the requirements to provide the communication data for investigation agencies more strictly. Permission requirements of data for check for communication fact should be more tightened than the existing ones. Requirements of real time location tracing should be prepared in the same level with arrest warrants by creating separate items.