감염병환자 등 및 감염병의심자에 대한 정보수집 및 감염병환자의 정보공개와 개인정보 보호

In Korea, our government is enforcing the measure of collecting personal information broadly from patients of infectious diseases, etc. and persons suspected of contracting infectious diseases and releasing the information that people must know to prevent the infectious disease, including infectious disease patient’s moving route, etc., to prevent the spread of Corona Virus Disease-19. This measure is positive in that it can locate infectious disease patients, etc proactively and aggressively and place them under quarantine and treat them promptly, but there is a possibility of infringement of the right to informational self-determination against the patients of infectious diseases, etc. and persons suspected of contracting infectious diseases. Therefore, it is necessary to have a harmonious way of combining maximum guarantee of the informational self-determination of the patients of infectious diseases, etc. and persons suspected of contracting infectious diseases with the superior value of protection of people’s life and body under disaster situation of the spread of corona-19. In this respect, this study conducted a sequential review of the followings: ①collection and disclosure of personal information to a minimum, ②classification of sensitive information and unique identification information, ③safe management of personal information, ④procedural due process principle(guarantee of right of statement, etc.), ⑤verification by the third party agency, ⑥statutory reservation principle on the scope of the disclosure of information on the patients of infectious diseases and ⑦unconstitutionality of Act 58「Personal Information Protection Act 」due to limitation of processing of personally identifiable information Although the collection and disclosure of personal information of the patients of infectious diseases, etc. and persons suspected of contracting infectious diseases has legitimacy, the right of statement, etc. of the patients of infectious diseases, etc. i.e. principal of personal information must be guaranteed concretely and after the disaster situation becomes stabilized to some extent, the legitimacy of the collection and use, etc. of personal information by the independent third agency needs to be validified.