코로나19 시대의 개인정보보호의 문제점 및 개선방안- 감염병예방법과 개인정보보호법 중심으로 -

What matters in the collection and management of personal information by the state is the state's surveillance and control of individuals. In an independent modern society, personal information and daily life information is in a new information environment in which personal information and daily life information can be infinitely accumulated and used or disclosed among others, regardless of the intention of the information subject, and collection and processing of personal information With the reinforcement of national capabilities, the state's ability to monitor individuals has increased significantly, enabling the state to realize individual daily affairs. In the face of rapid progress towards an information society, the increasing personal information protection one day is to limit the decision-making power of personal data protection to the state power and to further detail the subject, purpose, and legal basis of the subject. However, depending on the type and nature of personal information, the method and content of information processing, the degree of demand for clarity in the authorized law will vary, and in general, it is said that the request for normative clarity becomes stronger for sensitive information that is closely related to the individual's personality. I can. In the process of responding to infectious diseases, the risk of infringement on the right to self-determination of personal information of infectious diseases patients, etc. and suspects of infectious diseases due to personal information secured by public institutions does not occur at the time personal information is collected, but when personal information is used through storage or disclosure, etc. As it can be seen that the risk increases, it is necessary to strengthen preventive measures required for personal information protection, such as encryption, de-identification measures, and minimization of personal information collection to prevent this. In addition, based on the infection prevention method, it is necessary to clearly recognize the purpose of personal information collection and information disclosure to the data subject before disclosing personal information of infectious disease patients, and a written consent procedure is required. The provisions related to the collection of personal information are too broad, and this comprehensive regulation allows unlimited collection of personal location information, including sensitive information, and there is a controversy over the existence of excessive privacy invasion at home and abroad. Therefore, it is necessary to establish a clear basis for collection and the scope of collection in consideration of whether the means is suitable or does not harm the balance of legal interests according to the content of the principle of transparency and proportion in the requirements and procedures. In addition, in cases where it is urgently necessary for public safety and well-being, such as public hygiene under Paragraph 1, Subparagraph 3 of the Personal Information Protection Act, personal information temporarily processed is persuasive for a short period of time, but the spread of Corona 19 within a mid- to long-term period exceeding one year. It can be seen that it is not convincing that it can be applied to the processing of personal information to prevent it. Specific standards for the scope of “in case of urgent need” and “temporarily processed personal information” in Article 58, Paragraph 1 of the Personal Information Protection Act are required.