‘정보공개법’상 개인정보 보호와 공익의 조화: 코로나19 팬데믹하에서의 프라이버시 침해를 중심으로

This study aims to examine the legal harmony between public interest and the right to privacy. To counteract the spread of the coronavirus disease COVID-19, governments and quarantine authorities have chosen ‘information exposure’ instead of ‘movement restriction.’ This way can be based on surveillance technology, smart-city infrastructure, a culture that tolerates a certain level of surveillance, neither of which can be created overnight. Along with the evaluation that the disclosure of COVID-19 confirmed cases’ movements contributed to the prevention and depending spread of infectious diseases, there was a common opinion that it caused personal information infringement problems due to excessive exposure of personal information. Therefore, this researcher considered the exceptions that must be made public for the public interest and human rights relief, which is an infringement of personal freedom and privacy, as stipulated in Article 9, paragraph (1), item (6) of the Act on Access to Information by Public Institutions. ‘Personal Information Protection Act’ precludes the application of the law in situations of the public health crisis. The problem is that there is no specific agreement on the scope of the rights and protection of information entities and the conditions for restrictions. No specific bill has been prepared, and the subject of handling personal information has been diversified. It is necessary to prepare for conflicts and problems that our society will face when COVID-19 pandemic comes to an end. This study sought to identify legal issues that arise when disclosing personal information and location information of COVID-19 cases. In addition, this study researched the legal harmony between the public interest of the people’s right to know and the right to privacy and presented present legal readjustment measures.