빅데이터·사물인터넷 시대 개인정보보호법제의 발전적 전환을 위한 연구

A threshold of personal information protection law in Korea trace back to Act on the Protection of Personal Information Maintained by Public Institutions. According to the necessity of personal information protection on the internet, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. was enacted. As online and offline have been converged since then, Personal Information Protection Act was newly enacted as a law to eliminate blind spot in personal information protection. It was already over four years after its legislation and there has been big change in our society that every people recognizes personal information as one of most important value in our society. Such change of understanding becomes very basic foundation for jumping to developed country. However, there have been some critical issues on personal information protection law system in this paper, such as lack of harmony among personal information protection laws, excessive regulation clauses in Personal Information Protection Act, and the issue of obstructing development of new technology and service like big data or internet of things. Meanwhile, big data or internet of things are emerging as a cutting-edge global competition power. So many developed countries are trying to promote such advanced industry. In this point, we need to pay attention to harmonize the use and protection of personal information. From such perspective, this paper deals with improvement direction of personal information protection law system in Korea. Our possible reform plan is as following: specification and rationalization of purpose of personal information protection law system, specification of personal information definition, emphasizing autonomy and responsibility, harmonization among personal information protection laws, limitation of excessive civil and penal liability, switch from formal regulation to substantial regulation in regulatory framework, guarantee of legitimate and non-infringing use of personal information, establishment of effective regulatory framework for cross-border transfer of personal information, etc. Now is the time to improve our personal information protection law system to promote protection of personal right and guarantee the use of personal information.