• Title/Summary/Keyword: 개인정보보호법제의 개선 방안

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Improvement Issues of Personal Information Protection Laws through Meta-Analysis (메타분석을 통한 개인정보보호법의 개선과제)

  • Cho, Myunggeun;Lee, Hwansoo
    • Journal of Digital Convergence
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    • v.15 no.9
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    • pp.1-14
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    • 2017
  • As we enter the era of big data, the value of personal information is becoming ever more important. However, personal information protection laws in Korea have several issues. Furthermore, existing research are limited in their ability to facilitate a comprehensive understanding of measures to improve personal information protection laws. Accordingly, this study analyzes improvements to be made in the current personal information protection laws based on existing research. A total of 39 research articles discussing the problems of the personal information protection law were selected and analyzed by applying the meta - analysis technique. According to the results, the various issues such as the meaning and scope of personal information, the role and obligations of relevant parties, provision of personal information to third parties, and redundant and imbalanced regulations in special acts in each field. that exist in the current personal information protection laws were confirmed. This study contributes to the improvement of inconsistency between information protection laws and related special laws in each field in practice. Academically, it will contribute to understanding the problems of th law from the macro perspective and suggesting the integrated improvement ways of the law.

Improvement of Personal Information Protection Laws in the era of the 4th industrial revolution (4차 산업혁명 시대의 개인정보보호법제 개선방안)

  • Choi, Kyoung-jin
    • Journal of Legislation Research
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    • no.53
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    • pp.177-211
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    • 2017
  • In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.175-187
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    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

A Regulatory Analysis on the Reverse Discrimination against Korean Domestic Businesses in relation to the Data Protection and Regulatory Improvement Orientation (개인정보 관련 국내기업의 역차별 상황에 관한 규제 분석과 개선방안에 관한 연구)

  • Lee, Inho;Kim, Seo-An
    • The Journal of Society for e-Business Studies
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    • v.25 no.4
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    • pp.1-14
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    • 2020
  • IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of 'reverse discrimination of regulations' as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the "private policy" presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination.