• Title/Summary/Keyword: Privacy Law

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Data Privacy Law and International Human Rights Regime: An Event History Analysis on the Diffusion of Data Privacy Law(1960~2011) (정보보호법의 전 세계적인 확산에 관한 연구: 국제인권레짐 효과를 중심으로)

  • Yoo, Eunhye
    • 한국사회정책
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    • v.20 no.3
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    • pp.117-140
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    • 2013
  • This research focuses on the effects of international and national factors on the legislation of data privacy law in 117 countries from 1960 to 2011. Previous research on data privacy law usually put its emphasis on the contents of data privacy law, legal interpretation of data privacy law or legal cases; yet it lacks academic approaches from human rights perspectives. This paper points out the diffusion of data privacy law in nation states and analyzes the effects of national international factors affecting the legislation of data privacy law using an event history analysis. It turns out that the increasing number of internet users and international human rights regime are positively associated with the likelihood of having data privacy law. Contrary to our hypotheses, FDI, internal human rights practices, and the level of high technology do not show any effects on the likelihood of having a data privacy law.

The Protection of Privacy and the Restriction of Its Commercial Use in Telecommunications (통신산업에서 개인정보의 보호와 영업적 이용의 한계)

  • Hong, Myung-Su
    • Journal of Legislation Research
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    • no.41
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    • pp.303-335
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    • 2011
  • The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.

A Study on Medical Information Privacy Protection Law and Regulation in the Information Age (정보화시대의 환자진료정보 보호에 관한 법.제도적 고찰)

  • Youn, Kyung-Il
    • Korea Journal of Hospital Management
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    • v.8 no.2
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    • pp.111-129
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    • 2003
  • This study discusses the direction of legislation to strengthen the legal protection of medical records privacy in information age. The legislation trends on privacy protection of medical records in European Union and United States are analysed and the current law and regulation of Korea on medical records are compared. The issues discussed include the ownership of medical records, the patient's right of access to medical records, medical information publication for other than treatment or insurance processing use, confidentiality responsibility of provider organizations, medical information management in provider organizations, penalty for the unlawful use of patient information. This study concludes that the patients' right on medical record and provider organization's responsibility in processing patient information should be strengthened in order to protect patients' privacy and to conform to the international standard on medical record protection in the information age.

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The Improvement Plan of the Individual Information Protection of the Law on the Development of Cloud Computing and User Protection (클라우드 컴퓨팅 발전 및 이용자 보호에 관한 법률상 개인정보 보호에 대한 개선방안)

  • Lee, Hie-Houn
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.219-225
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    • 2019
  • Today, in the era of the 4th Industrial Revolution, the cloud computing sector has advantages for cost reduction and efficiency of work, but problems related to privacy may arise. Therefore, the law on the development of cloud computing and user protection should be improved to enable providers of cloud computing services to proactively identify whether or not they contain their personal information, or to take steps to protect their privacy. And this same law is desirable to improve the implementation of a national mandatory certification system for privacy protection systems for cloud computing businesses. This same law is also desirable that cloud computing service providers create direct accountability for privacy breaches and appropriate scope for those responsibilities.

About the Designation of Privacy and Information Protection Firm (정보보호전문업체 지정에 즈음하여)

  • Shin, Hoon
    • Journal of the Korean Professional Engineers Association
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    • v.34 no.4
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    • pp.62-64
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    • 2001
  • As of July 1. 2001, the Law of Information 8t Telecommunication Protection has been compulsory to audit protection status on national information and Telecommunications Infra facilities such as communication, electricity, waterworks, airport, railway, primary facilities of government and the first financial circles. In U.S. institutions, organizations and corporations in each field are trying to prepare for Safe Har-bor agreed on Internet privacy regulation between U.S. and Europe to be effective in 2003. The Safe Harbor was motl-vated by strict European standard. Other countries make privacy and information protection law according to their own interest. Therefore Korean technical experts have to develop the law responding to national interest and public welfare. Besides scientific Held, experts in the field of politic, economy and academy also have to work hard to develop the law.

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A Study on Consumer Personal Information in Information Society (정보사회에서의 소비자 개인정보보호에 관한 연구)

  • 남수정;김기옥
    • Journal of the Korean Home Economics Association
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    • v.37 no.10
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    • pp.55-66
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    • 1999
  • The purpose of this study is to propose consumer policy related to the protection of personal information on the basis of regulations and laws in the developed countries. From this study, implications for the protection consumer privacy are discussed as follows. First, Consumer education is needed to enhance consumers'knowledge on their privacy right and this should be done not only by private consumer organization but also by businesses. Second, Businesses should realize ethical responsibilities of consumers'privacy right when they use personal information by databasemarketing. Finally, Government should establish a privacy law concerning both public and private sectors.

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A case study of Privacy Impact Assessment -Focus on K hospital Privacy impact assessment case- (개인정보 영향평가 사례 연구 -K병원의 영향평가 사례를 중심으로-)

  • Jeon, Dong-Jin;Jeong, Jin-Hong
    • Journal of Digital Convergence
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    • v.10 no.8
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    • pp.149-157
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    • 2012
  • Recently, many corporations and public institutions are busy preparing and providing measures in dealing with new privacy information law. This study reviews privacy impact assessments in order to perform preventing and diagnosis against potential threats focus on the K-hospital case. The quality of protection in K-hospital shows that the corporations itself is 79.0, the system is 97.0, the life cycle of the privacy is 67.4 and CCTV is 90.0. The lowest levels are saving and keeping 50.0, usage and offer 64.1 and destruction 66.7 among the life cycle of the privacy. The result of risk analysis shows that the highest levels are controlling for privacy 11.0, saving and keeping 12.5 and destruction 13.0. From the result, dangerous duplications are saving and keeping and destructions.

The Protecton of Privacy on Secondary Use of Personal Health Imformation (의료기관 개인건강정보의 이차적 이용)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.117-143
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    • 2010
  • Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

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Analysis of Anti-SPAM Regulations in Korean IT Law (정보통신망법 스팸 규제 개선 방안 연구)

  • Kim, Seongjun;Kim, Beomsoo
    • Journal of Information Technology Services
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    • v.10 no.1
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    • pp.21-34
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    • 2011
  • Spam refers to any unwanted or unauthorized commercial messages. Spam may violate individuals' privacy or other personal rights. Spam often overloads network traffic, wastes individuals' time, lowers productivity and quality of life, and limits the trustworthiness of Internet businesses. As the use of mobile messaging services and social networking services both on mobile communication networks and on the Internet increase, newer and more complex types of IT applications and services are often used as new means of spam. In this research, the characteristics and impact of new and future forms of spam, and anti-spam related policies and regulations are surveyed. To improve the effectiveness of anti-spam policies and regulations in Korea, adding a definition of spam in the law, changing policies to focus on the 'type of services' rather on the medium of transmission, and redefining the scope of 'commercial purposes' in Korean law are suggested.

Suicide Prevention Policy Guideline Model Considering Privacy Law in Korea

  • Do-Hyun Kwon
    • Korean Journal of Biological Psychiatry
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    • v.30 no.1
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    • pp.7-16
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    • 2023
  • Objectives This study aimed to review the Korean Constitution articles 14 and 20 of the "Law on suicide prevention" and investigate public perceptions of specific improvements to suicide prevention policies using results from the Korean 2018 National Survey on Suicide. Methods The questionnaire was designed to analyzing the act restricts sharing of patient information between hospitals, making it difficult to track suicide attempts. The questionnaire was also designed to suggest further medical and normative criteria for objective judgment of continuous follow-up utilizing suicide risk evaluations and proportional principle review that consider patients' and medical staff's basic rights. Results This study identified the result of the 1500 respondents, 79.1% believed that Korea should allow suicide prevention management to be implemented without requiring individual consent to protect suicide attempters. Conclusions According the results, I propose the following criteria for policy improvement: use of anonymized information and non-profit research for technical and ethical considerations, access to medical information only for therapeutic purposes, and use of surgical severity assessment criteria appropriate for Korea.