변화하는 환경에서 개인정보 보호의 문제점과 개선방안에 관한 검토

This study is aimed at new interpreting of conventional viewpoint of personal information protection in changing (Information and Communications Technologies) environment. As information and communications has been developing, the importance of personal information protection also has been increasing. However, there are many controversial issues in the level of protection and direction of it. This is because personal information infringement is new concept compared to other crimes, and is derived from individual. This is required to limit and improve with ICT develop although social consensus is not formed regarding the extent and direction of personal information protection. Thus, this thesis presents how to interpret personal information which is protected by criminal law in a situation of flexible concept. Also, this study gives plan for regarding personal information itself as a legal interest in order to overcome limitation of personal information self-determination due to ICT development. Also, this study points out that consent of data subjects, which is the basic of Personal Information Protection Act, has the problem under development of ICT and criminal law theoretically. Finally, this study provides improvements to control after the fact rather than prior consent, and the way of controlling.