빅데이터 시대의 개인정보 자기결정권

Personal information protection has attracted a lot of attention all over the world. The self-determination right to personal information forms a normative foundation for personal information protection regime. This study attempts to introduce the cases of the self-determination right to personal information and the international trends of privacy. U.S. former President Barack Obama pushed for cyber-security legislation and many Privacy Acts referred to the commitees. Meanwhile, on 10 January 2017, the European Commission published its long-awaited proposal for an e-Privacy Regulation. The scope of personal information protection should be clearly defined. There is an advantage such as providing a brand new business opportunities for companies by using of big data. To use posted digital assets in social network services safely, we need to strengthen various means of personal information protection. There is another issue as in the consent of the data. The processing of content and metadata raises some concerns. Both the content and the metadata, which can sometimes be more sensitive than content of our online interactions, could be used for additional purposes by, for example, our email providers, if the user has consented to this. The way this consent is obtained in practice will need to be carefully addressed. If the legislator cannot avoid that, in practice, the consent is considered valid if done for example under over-broad Terms and Conditions, or through pre-ticked boxes, the e-Privacy Regulation would be going below the standards needed to effectively protect our communications. The legislation in the era of big data should be keeping up with the fast space at which IT-based services are developing and evolving.