탐정의 개인정보 관련 업무의 합리적 수행을 위한 입법 방안

Due to the nature of the investigation service industry, detective work has no choice but to deal with a lot of personal information and privacy-related matters. Therefore, even in the introduction of the detective system, the problem of setting the scope of work related to personal information is the most sensitive issue. Therefore, in this paper, we reviewed the legal and practical problems related to personal information in the process of performing detective work. In addition, effective legislative measures were drawn on the scope of work related to personal information and privacy of detectives in order to minimize such infringement of personal information and to revive the purpose of introducing the detective system. Even if an information subject already discloses itself and wants to process "generally accessible (public) personal information" that can be found by anyone, if it is necessary to contact the information subject and obtain individual consent, it is already excessive regulation. The Rowmaket and Lawnb rulings allowed the collection and use of 'generally accessible (public) personal information' without the consent of the information subject. In response, the Credit Information Business Act was revised. Overseas developed countries such as Australia, Canada, Singapore, India, Belgium, and Taiwan also explicitly exclude the application of the Personal Information Protection Act to 'generally accessible (public) personal information'. Taken together, flexibility is required in applying the 'Personal Information Protection Act' in Korea. In addition, when enacting the Detective Act, which sets the scope and activity area of detectives whose main business is personal information and privacy-related work, it is proposed to specify the following in the bill in consideration of industrial development and protection of the people's personal information. First, as in the Japanese Detective Agency Act, it is proposed that the following general definition of the detective's work and activity method be given in the term definition clause. The term "detective work" refers to conducting an actual investigation at a request of another person and reporting the results of the investigation to the client for the purpose of collecting facts related to the request to an extent that is not illegal. Second, in the case of 'generally accessible (public) personal information', it is proposed to specify in the detective law the exception to the Personal Information Protection Act so that it can be collected and used without the consent of the information subject. Third, according to Article 37 of the Constitution, it is proposed that certain qualified detectives be required to collect and use "general personal information" excluding "sensitive information" and "personal identification number" if necessary for victims and social safety and public welfare.