영국의 사이버 안보 법제 변천 과정 및 시사점

Despite the importance of cyber security in the virtual space is emerging in the era of Internet of Things (IoT), the legal system to support cyber security is still insufficient and related legislation has been stalled. The main reason for this insufficiency is the conflict between surveillance power of public authorities and privacy of citizen as well as the dissention among the public authorities eager to be the control tower of cyber security. In this article, the transition process of the cyber security legislation in the UK, particularly the legislation of the Data Retention and Investigatory Powers Act 2014 (hereafter ‘DRIPA’) and the Investigatory Powers Act 2016 (hereafter ‘IPA’), will be examined to drive the implication of cyber security legislation in Korea. The UK government's strong legislative commitment in DRIPA and IPA legislation, bipartisan cooperation beyond parliament, and legislative review and coordination through parliamentary joint committees can be applied in Korea. In particular, considering the fact that cyber security legislation is a law that has a wide range of stakeholder interests and a large difference in opinion among them, it is necessary to consider ways to put bipartisan discussion system such as the UK Joint Committee. Considering that DRIPA and IPA have been invalid since the enforcement of the European Court of Justice and the English Court, it is desirable to remove the constitutional controversy from the stage of drafting and proceeding.