• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.129-161
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• 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.

• Convergence Security Journal
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• v.14 no.4
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• pp.9-17
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• 2014

With the rapid development of the Internet and information technology, a company that deals with personal information does not have proper action to protect personal privacy and not take measures for the safe handling and management of personal information. It generates the case to abuse of personal information occurring frequently. In order to focus the effort to reduce damage and protect the privacy of personal information entity and enhance privacy laws based on the connection method and the processing of personal information, Korea encourages a company to follow regulation by providing certain criteria. However, in the case of items of measures standard of safety of personal information such as priority applicable criteria in accordance with the importance of itemized characteristics and the company of each individual information processing is not taken into account, and there are some difficulties to execute. Therefore, we derive criteria by law and reviewing existing literature related, the details of the measures standard of safety of personal information in this study and generate a hierarchical structure by using the KJ method for layering and quantification of the evaluation in integration of the reference item similar and the grouping. Accordingly, the weights calculated experts subject using the AHP method hierarchical structures generated in this manner, it is an object of the proposed priority for privacy and efficient more rational enterprise.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.22 no.2
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• pp.391-400
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• 2012

This study focused on the role of the center for private information, which can manage and share the personal data from data breach incidents. Especially, this study addresses on the importance of establishing information management systems for preventing secondary misappropriation of breached personal data and private information. The database of breached personal data can be used for reducing privacy worries of potential victims of secondary misuse of personal data. Individuals who use the same IDs and passwords on multiple websites may find this service more effective and necessary. The effectiveness of this breached data center on reducing secondary privacy infringement may differ depending on the extend of data being shared and the conditions of data submission. When businesses experienced data breach and submission of data to this center is required by the law, the accuracy and effectiveness of this service can be enhanced. In addition, centralized database with high quality data set can increase matching for private information and control the secondary misappropriation of personal data or private information better.

• Journal of Internet Computing and Services
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• v.16 no.4
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• pp.141-148
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• 2015

The Personal Information Protection Act enacted in March 2011 stated that the application target of this law includes all personal information processors in the public and private sector, and established the protection standard by phase such as collection, use and provision of personal information. There was an introduction of the Privacy Impact Assessment system that enables personal information processors to perform impact assessment autonomously if there are great concerns over the fact that making and expanding personal information files will influence the protection of personal information, while also making impact assessment compulsory for public institutions in specific reasons with great concerns for violating the rights of the subjects of information. This Act still has the problem that it is generally difficult to understand. This paper deals with the Korean legal practices about the personal information protection with regard to ambiguity and promotional system.

• Journal of Science and Technology Studies
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• v.3 no.2 s.6
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• pp.83-104
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• 2003

The use of DNA in identification is growing. The criminal DNA databases are in operation in some countries including the UK, Austria, Germany, and US. The militaries and law enforcement agencies in these countries have used the DNA profile. In Korea, DNA identification has been used in determining paternity and in criminal cases since the middle 1990's, and in recent years law enforcement agencies are promoting a national DNA database for identification. The DNA database threatens our civil liberties because of its potential to be used as an instrument of surveillance. Expanding the database puts increasing numbers of people on a 'list of suspects'. Nevertheless, there is little social concern about using DNA database for identification. This paper reviews social issues related to the establishment of DNA database and investigates the features of DNA profile and DNA Database establishment project promoted law enforcement agencies.

• 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.

• 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.

• Convergence Security Journal
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• v.12 no.2
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• pp.107-113
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• 2012

Recently, according to the establishment of personal information protection Act, the public and private organizations are taking a step to protect personal information rights and interests by employing the technical methods such as the access control mechanism, cryptography, etc. The result of the personal information leakage causes a serious damage for the organization image and also has to face with the responsibility by law. However, applying access control and cryptographic approach on the personal information item for every connection to large database system causes significant performance degradation in a large database system. In this paper, we designed and implemented the light weight system using JVM (Java Virtual Machine) for the Oracle DBMS environment which the concurrent transaction occurs many, thereby the proposed system provides the minimum impact on the system performance and meets the need of personal information protection. The proposed system was validated on the personal information protection system which sits on a 'A' public organization's portal site and personnel information management system.

• Journal of Society of Preventive Korean Medicine
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• v.18 no.3
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• pp.11-21
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• 2014

The rapid development and distribution of information communication industry facilitates the changes of hospital administration, introducing EMR(Electronic Medical Record) instead of paper-based medical record in the medical field. The developed countries such as U.S. have established EMR system after in the middle of 1970s because the primary advantages of EMR is to store and handle vast amounts of records efficiently and increase the quality of health care. Most of health organizations in Korea also apply medical record system to their administration. As the result, they have accomplished a scientific administration system through the use of medical record to handle a variety of patient's information including patient's confidentiality and privacy such as family history, social status, income level, and so on. However, access to and the misuse of EMR causes illegal infringement of patient's information and finally it becomes a very serious medical issue. Potential leakage and misuse of records may seriously infringe patient's privacy rights. In this respect, the related agencies in the public and private sector have been making efforts to prevent patient's records leakages. Especially, the revision bill of Medical Law in 2002 establishes the ways on the security and standards of electronic records. However, it does not provide the proper guidelines which is applied to the rapid changes of the medical environment. One of the most priorities in the hospital administration is the production and maintenance of an accurate medical records fulfilled by medical recorders. Therefore, it is very important for health care providers to hire ethical-based medical recorders. But, unfortunately most of hospitals overlook the importance of their roles. All parts including government, physician and patient must have more concerns on the problems related to EMR. Therefore, this study aims to propose the proper ways to resolve the problems coming from EMR.