• Title/Summary/Keyword: Personal information leakages

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Judgement of Violation of the Protection Duty of Internet Service Provider (인터넷 서비스 제공자의 보호조치 의무 위반의 판단)

  • Kang, Juyoung;Kim, Hyunji;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.7
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    • pp.17-26
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    • 2016
  • Information spill was occurred several times in the country due to the negligence of the large internet service providers including SK Communications, Auction, KT. In order to judge the Internet Service Provider(ISP)'s liability in individual data spill caused by hacking, the violation of existing legislation or general principle of law's good faith principle has to be examined. However, based on current ISP's good faith principle, there is no objective standard for judging liability. Such uncertain range of protection action duty based on good faith principle generates complaint toward companies, therefore presentation of objective judgement range index on how to determine this range is needed. However due to the legal characteristic of above-mentioned law, it is not possible to fix the range of protection action duty and regulate it on law. In order to resolve this, rather than concerning simply on legal system level, fusion approach method is needed. Thus, this research will discuss the measure for objective standard for predicting ISP's range of protection action duty through fusion view dividing in technical, legal and administrative aspects.