• Title/Summary/Keyword: Personal Protection

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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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Research on Personal Information Safety Condition and Improvements in Welfare Center for the Disabled (장애인복지관 개인정보보호 실태와 개선 방안)

  • Kim, Sung-Jin;Kweon, Jae-Sook
    • The Journal of the Korea Contents Association
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    • v.10 no.11
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    • pp.262-274
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    • 2010
  • In Welfare Center for the disabled, under the Government's information acceleration plan, the computer system has been developed starting from work standardization in 2001 but it has been emphasized only on the technical and customer convenience side leaving out preparation for the side effects of them. Therefore this article will seek the necessity of personal information protection, legal basis in the Welfare Center for the disabled. Additionally after analyzing current status for the personal security of Welfare Center for the disabled, establishing an alternative plan for personal security policy's way could be addressed. Increasing education for awareness stress of personal information security, and preparing institutional protection apparatus from applying life cycle of personal information would be an alternative plan for personal information protection for Welfare Center for the disabled. Also frequent monitoring of accessing personal information from the computerized system should be achieved. It is impossible to recover damage caused by leak of personal information although post actions are progressed. From this essay, awareness of personal information protection should be newly revised for both the Social Welfare Organization and the Disabled welfare center, and also technical, institutional strategy's action should be arranged.

A Study on the Analysis and Improvement of the Personal Information Protection Act at Public Library: Focused on Seoul and Gyeonggi Province (공공도서관의 개인정보보호 현황분석 및 개선방안 연구: 서울·경기지역을 중심으로)

  • Lim, Jin Taek;Kim, Yang-Woo
    • Journal of the Korean Society for information Management
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    • v.32 no.1
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    • pp.85-108
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    • 2015
  • Personal Information Protection Act was first enacted in March, 2011, amended in September, 2011 and became effective. Nevertheless, the risk of interfering with personal information protection still remains, associated with collection, plagiarism, leakage, and even sales of personal information. The public libraries are not an exception. Accordingly, this study investigates the status of personal information protection in public libraries of Seoul and Gyeonggi province. Also, it tries to discover problems associated with the act and presents a model scheme to improve this situation. The scheme relates to (1) securing of a sufficient budget; (2) reinforcing professional education related to personal information; (3) developing detailed guidelines for public libraries.

A Study on IAM-Based Personal Data Protection Techniques in BaaS (BaaS에서 IAM을 이용한 개인정보 보호 기법에 관한 연구)

  • Mi-Hui Kim;Myung-Joe Kang
    • Journal of IKEEE
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    • v.27 no.4
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    • pp.548-555
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    • 2023
  • With the advancement of the internet, the use of personal information in online interactions has increased, underscoring the significance of data protection. Breaches of personal data due to unauthorized access can result in psychological and financial damage to individuals, and may even enable wide-ranging societal attacks aimed at those associated with the victims. In response to such threats, there is active research into security measures using blockchain to safeguard personal information. This study proposes a system that uses middleware and IAM (Identity and Access Management) services to protect personal information in a BaaS (Blockchain as a Service) environment where blockchain is provided via the Internet. The middleware operates on servers where IAM roles and policies are applied, authenticates users, and performs access control to allow only legitimate users to access blockchain data existing in the cloud. Additionally, to understand the impact of the proposed personal information protection method on the system, we measure the response time according to the time taken and the number of users under three assumed scenarios, and compare the proposed method and research related to personal information protection using blockchain in terms of security characteristics such as idea, type of blockchain, authentication, and confidentiality.

The Legal Justice of Conferring Criminal Negligence on Chief Privacy Officers(CPO) (개인정보관리자의 책임과 벌칙의 형평성)

  • Kim, Beom-Soo
    • Journal of Information Technology Services
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    • v.10 no.4
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    • pp.21-32
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    • 2011
  • The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

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.

A Study on Improvement of Personal Information Protection Control Log Quality: A Case of the Health and Welfare Division (개인정보통합관제 로그품질 분석 및 개선에 관한 연구: 보건복지 분야 사례를 중심으로)

  • Lee, Yari;Hong, Kyong Pyo;Kim, Jung Sook
    • Journal of Korea Multimedia Society
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    • v.18 no.1
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    • pp.42-51
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    • 2015
  • In this paper, we analyze the quality status of Health and Welfare division's standardized log and asses the characteristics of the institutions' logs analysis to establish the criteria to minimize hazards and control the quality of log's institutional details to limit extraction. As a result, extraction condition's proposed development direction to adequately assess and control health and welfare abuses privacy control target log. This improvement over the status and quality of information shared with relation to institutional work of the log quality characteristics is made possible. In addition, quality control and inspection standards were prepared in accordance with the institutional log characteristics. Future research will include performing continuous analysis and improvement activities on the quality of logs with integrated control of sharing personal information and distributing information about logs' quality to proactively target organ. Therefore, we expect that correcting proactive personal information misuse and leakage is possible to achieve.

Legal Issues of Blockchain in Personal Information Protection : Based on GDPR and Personal Information Protection Act (개인정보보호법제 관점에서 본 블록체인의 법적 쟁점 GDPR 및 국내 개인정보보호법을 바탕으로)

  • Park, Minjung;Chai, Sangmi;Lee, Myoung Jun
    • Journal of Information Technology Applications and Management
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    • v.25 no.2
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    • pp.133-146
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    • 2018
  • The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.

A Study on Problems and Improvement of Personal Protective Regulations in Security Industry Act (경비업법상 신변보호 관련 규정의 문제점과 개선방안)

  • Park, Jung-Sub
    • Korean Security Journal
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    • no.51
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    • pp.81-100
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    • 2017
  • Recently, Crime patterns in our society are diversifying as followed on the urbanization of population and the influx of immgrants. Existing murder, kidnap, sexual assault, etc. Especially, the crimes such as school violence, dating violence, domestic violence, violent abuse and even social hatred a crime, motiveless crime are spreading into every phase of national life. Due to the social situation, the sharp increase in demand for personal protection, the scale of private security industry has been constantly expanded. Following this trend, the personal protective regulations in Security Industry Act has been revised several times since the it was enacted in 1995. However, despite the fact that the legal and institutional aspects should have been amended and improved systematically according to the industrial development, the regulations adopted initially adopted has been maintained so far, which have resulted in various problems as they could not coincide with the purpose of private security, being divorced from the reality of private security industry and social changes. Especially, in the case of personal protection service and facility security service, the legal requirements of both services are identical with each other in terms. Such legal systems may cause confusion to security businesses and employees, or the police managing and supervising them, regarding the scope and duties of security services. In order to improve such problems, the regulations of permission requirement that the personal protective regulations in Security Industry Act should be revised system. In this study, relevant personal protection provisions prescribed in the Security Industry Act have been reviewed critically in this paper. And also the regulations were review of those personal protection provisions enacted in security industry Act, so that the improvement plan for the personal protection provisions that are apposite to the cases in this country could be suggested in order to amend the current laws and provide real grounds for the law enforcement.

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Trend of Dispute on the Right to Be Forgotten and Acceptance Task of Internet Laws in Korea (잊혀질 권리의 논의 동향과 우리나라 인터넷 법제의 수용과제)

  • Chung, Sang-Ki;Kim, Kyung-Yeol
    • 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.