방송과 통신기술간의 융합과 개인정보보호에 관한 법적 문제

Broadcast, thanks to the remarkable development of space Internet and ICT technology rather than the bandwidth of the particular frequency, is transformed into a broadcasting platform as a service via a Giga LTE that combine various bands. Broadcasting id expected on the one hand, to build a data leaved by audiences or listeners while their enjoy broadcasting in real time as big data, on the other hand to use the big data that has been constructed in this way in oder to cover the present and future demands of the entire community and country by analyzing the individual behavior patterns. Therefore, it should be reviewed to unify communications and broadcasting legislation Legislation in view of the extinction boundaries between broadcasting and communications legislation, and be continued for more in-depth discussion on the protection and use of personal information. For this, the following proposals should be institutionalized. 1. The scope of the legal personal information that is the subject of the information data subject self-determination are limited to information that can identify the person directly. 2. For the activation of Big Data, the consent of the data subject with respect to individual data from which not be able to identified whom should be abolished, including the prior consent of the third party providing such data. 3. The rights and interests of opportunities to share and be informed about the existence and type of the file relating to his history as a participation right of value adding process should be guaranteed. 4. With regard to the occurrence of security incidents related to the personal data, the burden of proof between the data subject and broadcasting(telecommunications) service providers must be shared equitably in order to bridge the gap of digital risk. And the related laws should be improved to be paid for damages suffered a certain indemnity prescribed by law, if the court determines that the broadcast platform operators to safeguard security incidents that could cope with at the time notwithstanding compliance of the such laws.