민사소송상 개인정보 보호에 관한 소고

With the entry into the digital society, various personal information is used in electronic form, and as social network services are widely used throughout society, the possibility of personal information exposure has dramatically increased. As a result, the damage caused by personal information exposure is increasing, and the demand for personal information protection is continuously increasing. Although exposure of personal information does not always lead to damage, the problem is that exposure itself has potential for damage. Such exposure of personal information is also a problem in the civil procedure based on the principle of public. Accordingly, this paper summarizes and reviews the legal basis for the collection and description of personal information in civil procedure and the related status, and then summarizes the improvement measures as follows. First, is it necessary to collect personal information by the court in the civil procedure? The court needs to collect personal information for jurisdiction, party identification, and service. There is no problem with the collection of personal information by the court because the court has legitimate legal authority and it is for public purposes for proceeding with the procedure. However, the problem is that personal information collected by the court has a possibility of being exposed as it is recorded in various litigation records. Therefore, it is necessary to limit the collection target and to strengthen the protection measures for the recorded personal information. Second, should the court always collect names, addresses, contact information, and social security numbers? Collecting all of these will help smooth proceedings in litigation, but all personal information is not always required, and personal information exposure itself is a problem, so it is reasonable to reduce the collection itself. This needs to start with observing the principles. In other words, it is reasonable to distinguish between essential and optional information based on civil procedure related laws and to guide them so that the parties can choose whether or not to include them. Third, what is the appropriate method for restricting the collection of personal information? Although collection restrictions are necessary from the point of view of personal information protection, the need for collection by the courts also has a reasonable basis, so unilateral restrictions are not appropriate. Therefore, it is necessary to start by partially restricting the collection of personal information in procedures where the need to collect personal information is small. Limiting the collection of addresses when both parties proceed with electronic litigation, and restricting or partially listing addresses when an attorney is appointed can be a method. Fourth, what measures are necessary to strengthen the protection of personal information? It is necessary to comply with the existing principles, and to unify the principles regarding the perusal and disclosure of litigation records. In other words, in the case of litigation records subject to perusal and disclosure, in principle, it is necessary to protect personal information, and it is necessary to explicitly state the basis under the civil procedure act. In the case of resident registration numbers, it is reasonable to limit the collection itself from the point of view of personal information protection. However, if the resident registration number is collected by the court to proceed with the procedure, it is necessary to block exposure by using an alternative number for the record.