독일에서의 통신정보보관제도의 재도입에 대한 평가와 시사점

This study analyses the reintroduced Data Retention Law of Germany and evaluates it. The Data Retention(Vorratsdatenspeicherung) is that the State collects and retains the communication data(traffic data, location data, etc.) of unsuspicious persons who communicates in the communications network, and uses them in order to prevent and investigate serious crimes such as Terror. The blanket data retention of unsuspicious persons seems to constitute infringement on fundamental rights. The retention of data was based on the 2006 Data Retention Directive(DRD). On 08 April 2014, the CJEU(the Court of Justice of the European Union) declared the Data Retention Directive to be invalid. Germany introduced the first Data Retention Law in order to implement DRD. The Law was annulled by in March 2010 by the German Constitutional Court(BVerfGH). On 14 December 2015, Germany reintroduced the second Data Retention Law in the light of Standards presented by both Rulings of the CJEU and the BVerfGH. The Standards seem not completely to be fulfilled. It is foreseen that the second Data Retention Law wil be handled by the CJEU and the BVerfGH. The regulations about Data Retention in Korea relate to Article 13, 15-2 of the Protection of Communications Secrets Act(Act No. 12229, Jan. 14, 2014), Article 21-4 of its Enforcement Decree, and Act § 9 (1) and (3) of Anti-Terror Act(Act No.14071, March 3, 2016). The outcome of the analysis about the germany second Data Retention Law shows that korean concerning regulations may not satisfy the criteria of the judgement of CJEU and the BVerfGH. A detailed research thereof should be required.