• 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.

• 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.

• Journal of Advanced Navigation Technology
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• v.26 no.4
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• pp.244-248
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• 2022

The various digital services that people are experiencing recently are bringing about changes in the daily lives, and these changes are due to the spread of the Fourth Industrial Revolution. The 4th Industrial Revolution is based on the development of ICT technology, and ICT technology inevitably generates issues such as the use and protection of personal information as well as the use of public data. Accordingly, countries around the world are making efforts to revitalize new industries by wisely solving conflicting issues between the use and protection of personal information through legislation. There are some differences in the protection and use of personal information in Korea, the United States, and the EU. Korea trys to make the legislation that prioritizes the use of data, and the United States establishes individual laws governing the protection of personal information by sector, while the EU has clarified the strengthening personal information protection. This paper aims to find out how personal information protection is defined in Korea, the United States, and the EU through enacted laws and organize the direction of the future policies.

• Journal of the Korea Society of Computer and Information
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• v.20 no.7
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• pp.109-114
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• 2015

With the realization that the police's personal information gathering activities can violate the authority to decide one's information guaranteed by the Constitution, many people are interested in the legal terms of the police's information gathering and handling. The police's personal information gathering activities imply both the purpose of public welfare and order and the risk of violation of basic rights of citizens, their effective balance is critical. In this respect, this study reviews the principle of proportion as a principle of control of personal information gathering and handling (police intelligence activities) by state to discuss its implications on legislation.

• Journal of Information Technology Services
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• v.12 no.1
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• pp.131-141
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• 2013

Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.25 no.6
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• pp.1549-1560
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• 2015

For the past few years, personal information breach incidents, great and small, occurred constantly. Accordingly, the Personal Information Protection related Ordinances are enacted and amended persistently, and the information security products also keep advancing and developing in the same way. There are the certification systems such as Common Criteria Evaluation and Validation(CC) and Korea Cryptographic Module Validation Program(KCMVP) for the information security products. These are also strictly carried out. This paper analyzes and categorizes the 5 Personal Information Protection related Ordinances in the aspects of technical protection measures by using key words. Here are the 5 related ordinances; 'the Personal Information Protection Act', 'the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc', 'the Act on the Protection, Use, Etc, of Location Information', 'the Use and Protection of Credit Information Act', and 'the Electronic Financial Transactions Act.' Moreover, this study analyzes the association between the technical protection measures in the 5 relevant laws and the information security products that are obtaining the CC Evaluation & Validation(CC) and the products that are now produced at KISIA's member companies.

• 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.

• Convergence Security Journal
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• v.18 no.3
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• pp.87-94
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• 2018

Privacy means the right not to interfere with the private life of an individual. Bio data is the most private personal information about the person itself, and according to advancement of technology, it is possible to analyze and judge individual as well as identify individual. The Personal Information Protection Act is based on global privacy principles, but the legislation for the protection of bio information has yet to be enacted. Therefore, it is time to protect biometric data as more sensitive information than general personal information. We will review the global privacy discussions for protecting biometric information and propose additional privacy principles and measures for utilization that should be defined in the biometric information protection guideline.

• Journal of Digital Convergence
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• v.9 no.6
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• pp.81-90
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• 2011

Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.3 no.5
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• pp.548-574
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• 2009

Personal information (hereinafter referred to as "PI") infringement has recently emerged as a serious social problem in Korea. PI infringement in the public and private sector is common. There were 182,666 cases of PI in 2,624 public organizations during the last three years. Online infringement cases have increased. PI leakage causes moral and economic damage and is an impediment to public confidence in public organizations seeking to manage e-government and maintain open and aboveboard administration. Thus, it is an important matter. Most cases of PI leakage result from unsatisfactory management of security, errors in home page design and insufficient system protection management. Protection management, such as encryption or management of access logs should be reinforced urgently. However, it is difficult to comprehend the scope of practical technology management satisfied legislation and regulations. Substantial protective countermeasures, such as access control, certification, log management and encryption need to be established. It is hard to deal with the massive leakage of PI and its security management. Therefore, in this study, we analyzed the conditions for the technical protection measures during the processing phase of PI. In addition, we classified the standard control items of protective measures suited to public circumstances. Therefore, this study provides a standard and checklist by which staff in public organizations can protect PI via technical management activities appropriate to laws and ordinances. In addition, this can lead to more detailed and clearer instructions on how to carry out technical protection measures and to evaluate the current status.