생체정보의 헌법적 함의와 생체인식정보 보호 및 활용의 균형 방안에 대한 법제적 연구

Biometric technology is developing very rapidly as the necessity and application area of biometric information that enables individuals to be identified through their unique biometric characteristics are expanding. Today, biometric information is used in various areas, and in particular, it is frequently used in security devices because biometric information is a unique sign that only a specific individual can have, and such biometric information has characteristics that cannot be imitated or replaced. However, the development of biometric technology does not have only advantages. In other words, the risk of infringement on the right to self-decision making of individual information as well as the right to privacy, such as personal information leakage and theft, also increases in that individuals' unique biometric information is processed through biometric technology. In addition, ethical or personal information protection problems arise in that human biometric information is used to achieve security purposes. Nevertheless, since the current legal system related to biometric information is not complete, the legal standards for the protection and use of biometric information are not clear. Currently, the so-called “biological information protection guidelines,” which are not firmly binding on norms, are limiting the demands of compliance with the law for bio-information controllers and institutions that want to develop and utilize bio-information recognition technology. Therefore, it is necessary to prepare legal standards for specific use based on the protection of bio-information through individual legislation related to bio-information based on the protection and use of it, and gradually prepare to conform to the principle of legal reservation.