• Title/Summary/Keyword: 개인정보 규제법

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Drone Delivery Service Commercialization Plan Study (드론 택배서비스 실용화 방안 연구)

  • Kang, Ho-Jeung
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.281-312
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    • 2020
  • Despite the recent economic difficulties, the on-line market is overtaking the off-line market. Since US Amazon CEO Jeff Bezos mentioned that a delivery service using drones is possible, it has been creating new perspectives and values that have never been seen before. Drones are being used in various fields. Among them, the delivery service using drones will be the future growth engine of Korea in cooperation with the 4th industrial revolution. However, as drones are put into practical use, problems such as human life and property damage and personal information protection due to public collisions or falls are expected. The practical use of future drones is inevitable, not optional. As a method for commercialization of drones, first, securing safety through drone use and securing a national certification system, which is the minimum standard system for drone safety, and second, securing various infrastructures by activating drone use, and third, aviation regulations and personal information protection, etc. It needs to be supplemented in terms of laws and regulations.

Legal and Regulatory Issues in Genetic Information Discrimination - Focusing on Overseas Regulatory Trends and Domestic Implications - (유전정보 차별금지의 법적문제 - 외국의 규율 동향과 그 시사점을 중심으로 -)

  • Yang, Ji Hyun;Kim, So Yoon
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.237-264
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    • 2017
  • With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

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Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

Improvement Plan to Expand the Role of Expert Data Combination Agency (결합전문기관의 역할 확대를 위한 개선방안)

  • GiBum Kim;Hun-Yeong Kwon
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.33 no.1
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    • pp.99-116
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    • 2023
  • The importance of data in the era of the 4th industrial revolution, a hyper-connected society based on information technology such as data and AI, is increasing, and the government is actively enacting and revising laws to revitalize the data economy. It is necessary to prevent and improve problems that may set an obstacle to the revitalization of the data industry or setting the wrong direction, such as possibility of conflict between the regulatory law(Personal Information Protection Act) and the Data Activation Act, differences in position by type of specialized agencies, performance scope of Data Specialist Organization and Expert Data Combination Agency, etc. In regard, I would like to analyze the role, current situation, and use cases of Expert Data Combination Agency, listen to field opinions, and derive and introduce measures to expand the role of Expert Data Combination Agency and improve them to vitalize the data economy

A Study on the policy counterplan of Cross Border Financial Information Transfer according to FTA (FTA 체결에 따른 금융정보 국외이전에 대한 정책적 대응방향 연구)

  • Lee, Jung-Hun;Park, Seok-Hoon;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.21 no.3
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    • pp.117-130
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    • 2011
  • In a situation where worldwide free trade between countries has expanded recently, our country is being rapidly pushed FTA agreements with the financial developed countries such as United States, EU. According to the agreement, the user information of foreign financial companies in Korea is expected to be transfered overseas. In this paper, we need to define the scope and the definition about the transfer of information and analyze the relating domestic and foreign laws preparing for Cross Border Financial Information Transfer. Also, we review the expected issues about the transfer of information divided into institutional and technical sectors and arc presented the policy implication such as differentiation of regulatory information, enactment and amendment of Personal Information Protection Law(Draft) and related regulations, ensuring the safety of financial companies, raise the standard guidelines of the transfer of information. We refers to the needs for policy formulation to differentiate our privacy information from financial information to protect the privacy of users. The proposed countermeasures in this paper is expected to be helpful the measures to prepare for other institutions such as banks and supervisory authorities prepare for the future Cross Border Financial Information Transfer according to PTA.

A Study on the Design of a Fake News Management Platform Based on Citizen Science (시민과학 기반 가짜뉴스 관리 플랫폼 연구)

  • KIM, Ji Yeon;SHIM, Jae Chul;KIM, Gyu Tae;KIM, Yoo Hyang
    • Journal of Science and Technology Studies
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    • v.20 no.1
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    • pp.39-85
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    • 2020
  • With the development of information technology, fake news is becoming a serious social problem. Individual measures to manage the problem, such as fact-checking by the media, legal regulation, or technical solutions, have not been successful. The flood of fake news has undermined not only trust in the media but also the general credibility of social institutions, and is even threatening the foundations of democracy. This is why one cannot leave fake news unchecked, though it is certainly a difficult task to accomplish. The problem of fake news is not about simply judging its veracity, as no news is completely fake or unquestionably real and there is much uncertainty. Therefore, managing fake news does not mean removing them completely. Nor can the problem be left to individuals' capacity for rational judgment. Recurring fake news can easily disrupt individual decision making, which raises the need for socio-technical measures and multidisciplinary collaboration. In this study, we introduce a new public online platform for fake news management, which incorporates a multidimensional and multidisciplinary approach based on citizen science. Our proposed platform will fundamentally redesign the existing process for collecting and analyzing fake news and engaging with user reactions. People in various fields would be able to participate in and contribute to this platform by mobilizing their own expertise and capability.

The information process on labor and the protection of information human rights (노동정보처리와 정보인권보호)

  • 하우영
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.13 no.6
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    • pp.17-32
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    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

A Review of the Legal Nature that Users of the Virtual Currency Exchange Obtain and the Compensation Responsibility for the Damages Caused By Internet Problems or Network Errors (가상통화거래소 이용자가 가지는 법적 성격과 전산장애로 인한 손해배상 책임 연구)

  • Choi, JangWon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.11
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    • pp.287-294
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    • 2018
  • This thesis covers legal aspects of the crypto-currency exchange and the legal rights of crypto-currencies holders. Unlike financial markets in which central authorities or intermediaries determine the validity of transactions and manage records, crypto-currency markets utilize a decentralization system based on block chain technology. Such distinct characteristics distinguish crypto-currency from currency, notes, or financial instruments. Therefore, we need to check closely the legal principles that are applicable to crypto-currency. Crypto-currency users possess rights indirectly through the crypto-currency exchange. However, we should look at whether crypto-currency can be an object of ownership. This research found that legal protection for crypto-currency exchanges are limited. Domestic laws have many shortcomings to protect users' rights. This study found that users who incurred damages due to internet computation errors at exchanges require a protective system like stock markets. Therefore, studies on the legal controls and system regulations are required to protect users' rights. Also, crypto-currency information exchanges keep inside and protections for users' private information need to be further examined.

A Study on the Effective Controlling System of Radio-activity Ventilation (RI사용 의료기관의 효율적인 배기관리 방안)

  • Lee, Kyung-Jae;Lee, Jin-Hyung;Kim, Kyung-Hoon;Kwack, Dong-Woo;Jo, Hyun-Duck;Ko, Kil-Man;Park, Young-Jae;Lee, In-Won
    • The Korean Journal of Nuclear Medicine Technology
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    • v.12 no.1
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    • pp.91-98
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    • 2008
  • Purpose: Radio-isotopes (RI) use has been steadily developing due to industrial and technical development in the modern medical society. Particularly, popularization of domestic cyclotrons dramatically enable hospitals to produce and use diagnostic radio-isotopes. Generally, only specific facilities such as hospitals, research institutes, nuclear power plants and universities can use radio-isotopes, they are also responsible for ventilation system. The strength of radioactivity in the air is strongly regulated and controlled by korea atomic energy law in Korea Institue of Nuclear Safety (KINS), so that air radioactivity exposure can lead to environmental pollution surrounding places. In this study, we'd like to find out the investigation and the present condition of the controlled ventilation system in domestic hospitals by an emission standard from KINS, and try to reach an agreement about how to use the ventilation system. Result: Definition of filters, features and structures of pre-filters, hepa-filters, charcol filters, filter exchange procedures and precautions are explained. RI deflation concentration and filter exchange cycle have been presented as a standard prescribed in the rules of KINS. The Radiation Control Management System (RCMS) introduced by Seoul National University Bundang Hospital linking to digital pressure gauge with computer controller in another medical facilities were described in details. Conclusions: The system of medical facilities using RI has been remarkably developing in 21 century. Especially, radiation safety control system has also been grown rapidly into the subdivision, specialization, advanced technology along with international technical improvement. However, As far as current RI ventilation system is concerned, it has nothing better than doing in the past. Preferentially, to reinforce this, more sophisticated system with strict periodic filter exchange and exhaust air control guidance should be introduced by applying brilliant domestic information technology for RCMS and digital gauge method. From personal point of view as a radiation safety manager, I have provide with present problems and improvements. Futhermore, more improved guidance should be conducted.

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Research Trends Analysis of Domestic Carrier Billing Services using Meta-Analysis (메타분석을 활용한 국내 통신과금 서비스 연구동향 분석)

  • Yoo, Soonduck;Kim, Jungihl
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.16 no.2
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    • pp.71-85
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    • 2016
  • The purpose of this research is to study technical and policy improvements of carrier billing services, which are a developing and growing industry, by adopting a meta-analysis method. Implications were derived from studying 15 years-worth of academic research papers (from 2001 to 2015), by analyzing the trends over a total of 109 such research papers on carrier billing services. First, looking at the characteristics of the main studies of the papers from 2008 to 2009, it papers appeared that dealt with preventing fraudulent transactions and preserving consumer protection. Privacy, policy proposals and studies for new systems were researched from 2010-2012. Service, success factors, damage prevention systems research, law, and institutions were discussed in 2013-2015 mainly. Second, the research showed that the number of carrier billing service studies increased due to social issues(telecommunications billing services deregulation, the emergence smartphones, fraud). Third, in sectorial research results, technology was the focus area of 47 papers (43.1%), the service sector was the focus of 39 pieces (35.8%) and law and policy improvement accounted for 23 pieces (21.1%). The study of technology and service areas was the most active and according to changes in the environment, law and policy improvement were second to most active. This study will contribute to improving relevant institutions and research directions about study trends in carrier billing services.