개인정보자기결정권의 보호범위에 대한 분석 - 개인정보의 개념을 중심으로 -

In this report, I analysed on issues related to Definition of Personal Information and the Right to self-determination over Personal Information. Through these analyses I could deduce implications for the legislative improvement. It can be summarized as follows. According to the Korea’s legislation for the protection of personal information, the term “personal information” includes the information which makes it possible to identify any specific individual through simple and easy combination with other information. But it is uncertain whether the other information is likely to come into the possession of the personal information controllers or not. Considering the high speed of ICT development it is inevitable to recognize both personally identified information and personally identifiable information as the personal information. But it is necessary that legislators should establish a clear criterion to make a decision about ‘simple and easy combination’ in the definition of personal information. In this context it can help to refer to the UK’s Data Protection Act of 1988 §1(1) to mention the possibility of other information possession. Where the data subject set his/her personal information abroad on his/her own, it is reasonable to assume that he/she gave a implied consent for other people’s collection and use of his/her personal information, in the absence of unforeseen circumstances. Where the personal information controllers process the sensitive data or credit information, it is desirable that the personal information controllers is legislatively required to seek the explicit consent from the data subject with respect to collection and use of these information.