형사사법정보의 이용 제공 실태 및 입법적 개선방안

Interest in leveraging personal information has substantially grown up along with the recent craze of big data. This growing interest undoubtedly affected the criminal justice system in terms of the use of personal information that the system possesses. It is ideal to take advantage of criminal justice information only in pursuit of criminal cases. It inevitably entails Constitutional right of ‘self-determination of privacy.’ On the other hand, however, there are argument about the necessity to utilize the information in order to solve national and social problem. In fact, the National Police Agency started using geographic profiling system for crime prevention purposes. Other diverse examples can be found such as a community safety service based on a crime map of the Ministry of Administration and Home Affairs as well as academic studies of universities and research institutes. Against this backdrop, it is highly required to start a legislative discussion whether to permit the use or provision other than intended purposes, and if permissible, the extent to which the use or provision is allowed. Therefore, this article suggests making clear the purpose of collecting criminal justice information to minimize controversy about use of the information within such purpose. It also claims that use or provision other than intended purpose shall be limited to crime prevention, statistics, and academic research on the premise that the information is rendered unrecognizable and anonymized. It ends with a legislative proposal for such utilization.