데이터에 대한 정부 접근에 관한 연구- OECD 선언을 중심으로 -

Cross-border data flows have become a cornerstone of international trade and the digital economy. However, government access to personal data has emerged as a critical issue involving the balance between privacy protection, corporate competitiveness, and national security. In 2022, the OECD adopted the Declaration on Government Access to Personal Data Held by Private Sector Entities, which sets forth seven principles: legal basis, legitimate purpose and proportionality, prior approval, data handling, transparency, oversight, and redress mechanisms. This study examines the background and content of the Declaration and provides a comparative analysis of the legal frameworks of the EU and the United States. Based on this analysis, the Korean legal framework—particularly the Personal Information Protection Act, the Protection of Communications Secrets Act, the Telecommunications Business Act, and the Criminal Procedure Act—was evaluated. The findings indicate notable gaps in comparison to the OECD Declaration’s principles, especially in the areas of approval and oversight, transparency, remedies, and proportionality. Accordingly, Korea must strengthen judicial control over access to subscriber and metadata, expand user notification and public disclosure, and enhance independent oversight and effective redress. By situating the issue of government access within both international norms and domestic regulations, this article seeks to explore the future direction of the Korean legal system.