빅데이터 기술환경에서 개인정보자기결정권 침해판단방법론

Data subject can claim the protection of the personal and property value in personal data by the self-determination rights to personal information in technical environment relating to Big Data. However, there is lack of discussion on how to judge the infringement of the self-determination rights to personal information. This paper proposes a theory of infringement judgment for the self-determination rights to personal information as the right to information including the right to privacy, defamation, and portrait rights and so on. In order to create a standard to judge the infringement of personal rights online, I have analyzed the standard to judge the infringement of individual personal rights applied offline until now. By doing this, I have found the four requirements, ⑴ identity ⑵ electronic record ⑶ confidentialness and ⑷ third party recognition and defined that there is the infringement of personal rights online when anyone who had not known personally identifiable and confidential information is recognized it through collecting and processing data in electronic records. In the meantime, the self-determination rights to personal information protect the property value, but there has been no discussion of how to claim this. This property profit is likely to be argued as Liability Rule and/or Property Rule under the civil law. Particularly, I think that data subject will be able to claim that the person who has gotten profit using personal information on the subject should be liable for the tort or unjust enrichment.