• Title/Summary/Keyword: Act on the Protection of Personal Information

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Protection of Personal Information on Cloud Service Models (클라우드 서비스 유형별 개인정보보호 방안)

  • Lee, Bosung;Kim, Beomsoo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.25 no.5
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    • pp.1245-1255
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    • 2015
  • As cloud computing services become popular, the concern on the data security of cloud services increases and the efforts for the data security become essential. In this paper, we describe the pros and cons of cloud computing including the definition of cloud. Then, we discuss the regulations about the protection of user data defined in cloud promotion act. Previous studies related to the privacy protection and the entrustment of personal information in cloud computing are reviewed. We examine how to store the personal information depending on the cloud service model. As a result, we argue that the entrustment of personal information should vary according to the cloud service model and we propose how to protect the personal information on IaaS and SaaS cloud service models.

Issues and Tasks of Personal Information Protection Liability Insurance (개인정보 손해배상책임 보장제도의 쟁점과 과제)

  • Lee, Suyeon;Kwon, Hun-Yeong
    • Journal of Information Technology Services
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    • v.19 no.1
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    • pp.37-53
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    • 2020
  • Today, our society is exposed to cyber threats, such as the leakage of personal information, as various systems are connected and operated organically with the development of information and communication technology. With the impact of these cyber risks, we are experiencing damage from the virtual world to the physical world. As the number of cases of damage caused by cyber attacks has continued to rise, social voices have risen that the government needs to manage cyber risks. Thus, information and telecommunication service providers are now mandatory to have insurance against personal information protection due to amendment of "the Act on Promotion of Information and Communication Network Utilization and Information Protection". However, the insurance management system has not been properly prepared, with information and communication service providers selecting the service operators based on sales volume rather than selecting them based on the type and amount of personal information they store and manage. In order for the personal information protection liability insurance system to be used more effectively in line with the legislative purpose, effective countermeasures such as cooperation with the government and related organizations and provision of benefits for insured companies should be prepared. Thus, the author of this study discuss the current status of personal information protection liability insurance system and the issues raised in the operation of the system. Based on the results of this analysis, the authors propsoe tasks and plans to establish an effective personal information protection liability insurance system.

An Impact and Problem by the Personal Information Protection Act. on the Financial Sector (개인정보보호법이 금융권에 미치는 영향과 문제점에 관한 고찰)

  • Han, Se Jin
    • Convergence Security Journal
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    • v.13 no.1
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    • pp.31-36
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    • 2013
  • The personal information protection act has been enacted from 2011 for the protection of public and private privacy. Since the application area of the law is so broad, there is a limit to covers everything in the financial field. In this paper, I'll discuss an impact and problem by the personal information protection act. and propose some new task to build an efficient personal information protection governance on financial sector.

A Study on Legal Protection, Inspection and Delivery of the Copies of Health & Medical Data (보건의료정보의 법적 보호와 열람.교부)

  • Jeong, Yong-Yeub
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.359-395
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    • 2012
  • In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

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Study on HIPAA PHI application method to protect personal medical information in OMOP CDM construction (OMOP CDM 구축 시 개인의료정보 보호를 위한 HIPAA PHI 적용 방법 연구)

  • Kim, Hak-Ki;Jung, Eun-Young;Park, Dong-Kyun
    • The Journal of Korean Institute of Next Generation Computing
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    • v.13 no.6
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    • pp.66-76
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    • 2017
  • In this study, we investigated how to protect personal healthcare information when constructing OMOP (Observational Medical Outcomes Partnership) CDM (Common Data Model). There are two proposed methods; to restrict data corresponding to HIPAA (Health Insurance Portability and Accountability Act) PHI (Protected Health Information) to be extracted to CDM or to disable identification of it. While processing sensitive information is restricted by Korean Personal Information Protection Act and medical law, there is no clear regulation about what is regarded as sensitive information. Therefore, it was difficult to select the sensitive information for protecting personal healthcare information. In order to solve this problem, we defined HIPAA PHI as restriction criterion of Article 23 of the Personal Information Protection Act and maps data corresponding to CDM data. Through this study, we expected that it will contribute to the spread of CDM construction in Korea as providing solutions to the problem of protection of personal healthcare information generated during CDM construction.

Issues and Suggestions for "Act on the Development of Cloud Computing" and Protection of its Users ("클라우드컴퓨팅 발전 및 이용자 보호에 관한 법률"의 쟁점 및 개선방안)

  • Lee, Jung Koo;Min, Daihwan;Kwon, Hun Yeong
    • Journal of Information Technology Applications and Management
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    • v.24 no.1
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    • pp.81-91
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    • 2017
  • In Korea, "Act on the Development of Cloud Computing and Protection of its Users" has been enforced since September 28, 2015. Many countries implemented 'Cloud First' policies and global companies such as Amazon, Microsoft, IBM started cloud services in Korea. Under these circumstance, the Act was established for developing the cloud computing industry. The Act includes clauses for encouraging the use of private cloud computing by public organizations, supporting small- and medium-size cloud service providers, and utilizing secure cloud computing services by users. However, some terms appear to be similar but have different meanings from "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." and "Personal Information Protection Act". This generated some confusion and conflicts in relation to providing user information to a 3rd party and notifying the intrusion in the Cloud Computing Act. This paper discusses these issues and suggestions for revision of the Cloud Computing Act.

A Study on the Protection of Personal Information in the Medical Service Act (의료법의 개인정보보호에 관한 연구)

  • Sung, Soo-Yeon
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.75-103
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    • 2020
  • There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

The Role and Issue analysis of the ADR's Committee in the Revision of Personal Information Protection Act (데이터 3법 개정에 따른 분쟁조정위원회 역할과 이슈분석)

  • Yoon, Duck Joong;Jee, Yoon Seok;Kim, Youngae;Shin, Yongtae
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.279-286
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    • 2020
  • On February 4, 2020, the Personal Information Protection Act ("Privacy Act") was amended to facilitate the convergence and utilization of data, a key resource of the Fourth Industrial Revolution, and to support the development of the data industry. As the scope of the law applies to telecommunications operators, financial operators, and personal information processing providers, the scope of related dispute settlement is expected to increase. Therefore, this paper first introduces the role and function of the Personal Information Dispute Committee and the institutional standards for personal information dispute mediation, and researches the roles and issues that the Personal Information Dispute Mediation Committee should play in accordance with the revision of the Data 3 Law. In this study, For efficient operation of personal information dispute mediation, expert deliberation by field, new adjustment criteria for new industrial technologies, way to secure business continuity between the Personal Information Dispute Committee and the Personal Information Committee, Secure the link between the mediation decision and courts, and Suggested the strengthening of the operational standards for collective dispute mediation.

A Study on Improving the Privacy for personal information collected for statistical processing (통계처리를 위해 수집된 개인정보에 대한 개인정보보호 개선방안에 관한 연구)

  • Bae, Sang-ho;Shin, Je-su;Chun, Sam-hyun;Chung, Hyun-soo
    • Journal of Convergence Society for SMB
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    • v.6 no.2
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    • pp.25-30
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    • 2016
  • Personal Information Protection Act does not apply to certain personal information processings and personal information management as well as the data subject's right to access to their personal information collected by public authorities pursuant to Statistics Act. Such exclusion may lead to problems such as misuse and mishandling of personal information by data controllers as well as infringement upon the data subejct's right to control over their personal information. This study is to find solutions to the above problems, considering the public interests of statistics and the facilitation of the collection and the use of statistics. Ultimately, the study is to suggest recommendations for the Personal Information Protection Act to ensure the data subject's rights to request access and rectification as well as safe management of the collected personal information.

A Study on the Linkage and Gap in Personal Information Policy in Cloud Services between Multinational Companies' Human Resource Management and Domestic Companies' Human Resource Management (제조 전문 국제기업 인사관리와 국내 인사관리 클라우드 서비스 운영 개인정보정책과의 연계 및 괴리에 대한 연구)

  • Seo, Woo-Seok
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.1
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    • pp.639-643
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    • 2018
  • Laws concerning the protection of personal information have been enacted and revised as the legislation on personal information protection on the basis of the Act on the Protection of Personal Information Maintained by Public Institutions. Nevertheless, there have been continuing threats resulting from the fact that restrictions on security subject to laws remain unclear. By proposing protected access utilizing a unique identification key of enterprises, regarding the personal information of various internal and external clients held by international manufacturing companies and attempting to make policy aspect and management access at the same time, there is a change of gradual decline in cloud personnel information management service, which is the domestic ISP service for personnel management as the technology facilitated to reduce the burden on personnel and cost for the protection of personal information and the market is also changing to the direction for companies to directly operate. Therefore, this study intends to examine the convenience of integrated management for ensuring security, while confirming the gap on flexibility and safety on management point regarding the human resources of international manufacturing companies arising from its interactions.