자율주행차 운행과 개인정보의 보호 및 활용의 법적 쟁점

According to the current strict personal data regulatory system, the operation of automated vehicles has significant obstacles. The basis for processing, such as collection, is not sufficient. Although the existing consent method can be applied to passengers, it is difficult to apply the consent method to pedestrians or other vehicle occupants. Then, the requirements of other legal grounds, such as the provisions of the special law or legitimate interests, must be met. First, it is difficult to apply the current personal data protection principles established in the 1980s to automated vehicles, so change is necessary. Second, it is necessary to reexamine the legal grounds for processing personal data. It is necessary to add an opt-out method to the existing opt-in method, and ultimately enactment of a special law is a lso necessa r y. Supplementa l ly, it is a lso possible to judge legitimate interests. Third, as a specific problem, various problems related to de-identification were analyzed centering on the current laws, and a legislative proposal was presented. Fourth, amendments to the processing of image data were reviewed. Fifth, as a whole, it was emphasized that it is most important to strengthen the responsibility of the personal data manager through ex-ante and ex-post measures such as personal data protection design.