개인정보처리자의 합리적이고 기대가능한 보호조치 분석: 핸드공식을 적용하여

With the development of information and communication technology, various services using personal information enrich our lives. Unfortunately the infringement of personal information by third parties like hacking also causes a lot of property and mental damage. If personal information is leaked to cyberspace due to infringing activities such as hacking, it is impossible to restore it to its original state. Therefore, the personal data subjects have no choice but to receive relief through a claim for damages. However, in practice, there are not many cases where claims for damages by the personal data subjects are recognized. Besides, the problem is that the legal principles for the right to personal data self-determination are unclear. This article ananlyzed the criteria for negligence judgment of the personal information controller and the difficulties in calculating compensation. In addition, this article reviewed the hand formula that analyzes the actor’s duty of care in a cost-benefit relationship in order to clarify the unclear criteria for negligence of the personal information controller, Through this, it might provide a room for consider for the ‘protection measures reasonably expected by social norms’ of the personal information controller.