• Title/Summary/Keyword: Privacy Law

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Legal Issues To Be Considered Before Implementing Telehealth in South Korea (원격진료 실시에 수반되는 법적 쟁점들에 대한 고찰)

  • Lee, Won Bok
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.57-90
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    • 2021
  • Telehealth has been a hotly debated health policy issue in South Korea, mostly because the medical community - especially primary care practitioners - have strongly opposed it. As a result, telehealth has remained forbidden under law. However, the temporary permission of telehealth in Korea, as well as its exploding use in other countries, all in response to COVID-19, is re-igniting the discussion on telehealth in Korea. This article explores general legal issues that may arise if and when telehealth is fully implemented in Korea. The article's analysis shows that legislative changes are necessary to allow reimbursement of telehealth as well as remote purchase of medicine. The article also advocates introducing new evidentiary rules to curtail covert recording of telehealth sessions. On the other hand, additional legislation is probably not necessary to address the medical liability of physicians practicing telehealth or to adress much-discussed privacy issues. The existing laws in those domains are already robust enough to operate without much difficulty in the context of telehealth too.

Analysis of Personal Information Protection Circumstances based on Collecting and Storing Data in Privacy Policies (개인정보처리방침의 데이터를 활용한 개인정보보호 현황 분석)

  • Lee, Jae-Geun;Kang, Sang-Ug;Youm, Heung-Youl
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.23 no.4
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    • pp.767-779
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    • 2013
  • A field of privacy protection lacks statistical information about the current status, compared to other fields. On top of that, since it has not been classified as a concrete separate field, the related survey is only conducted as a part of such concrete areas. Furthermore, this trend of being regarded as a part of fields such as informatization, information protection and law will continue in the near future. In this paper, a novel and practical way for collecting and storing a big amout of data from 110,000 privacy policies by data controller is proposed and the real analysis results is also shown. The proposed method can save time and cost compared with the traditional survey-based method while maintaining or even advancing the accuracy of results and speediness of process. The collected big personal data can be used to set up various kinds of statistical models and they will play an important role as a breakthrough of observing the present status of privacy information protection policy. The big data concept is incorporated into the privacy protection and we can observe the method and some results throughout the paper.

A case study of Privacy Impact Assessment for C-Shopping Mall (C쇼핑몰 개인정보 영향평가 사례연구)

  • Jeon, Dong-Jin;Jeong, Jin-Hong
    • Journal of Korea Society of Industrial Information Systems
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    • v.17 no.6
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    • pp.73-82
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    • 2012
  • This paper reviews Privacy Impact Assessments in order to perform preventing and diagnosis against potential threats focused on the C-Shopping mall case. The quality of protection in C-shopping mall shows that the corporations itself is 29.2, the system is 68.8, the life cycle of the privacy is 25.5 and CCTV is 60.0. The lowest levels are the corporation's management 16.7, the life-cycle's saving and keeping 12.5, usage and offer 11.5 and destruction 16.7 among the life cycle of the privacy. The result of risk analysis shows that the highest levels are saving and keeping 13.3 and destruction 13.0. From the result, dangerous duplications are saving and keeping and destructions.

A Legislative Proposal to Prevent the Infringement of Privacy and to Solve Operational Problems by Drones (드론에 의한 프라이버시 침해 방지 및 운용 상 문제 해결을 위한 입법 제안)

  • Kim, Yongho;Rhee, Kyung-Hyune
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.5
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    • pp.1141-1147
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    • 2017
  • An unmanned aerial vehicle(UAV), commonly known as a drone, is an aircraft without a human pilot aboard, which is operated by wireless device. A drone provides the capability for the aerial search and traffic control as a police equipment. It has benefits for the missions for the aerial photography with the high resolution camera which can replace eye-dependent search processes. Moreover it has advantage of retrieving several times for the recorded videos. However, if the law enforcement agency misuse and overuse a drone for investigations and search missions without certain regulations and principles, it breaches privacy and personal information infringement. In this paper, we issue a lawful challenges on drone operations and discuss solutions to those challenges.

Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

Human Rights in The Context of Digitalization. International-Legal Analysis

  • Panova, Liydmyla;Gramatskyy, Ernest;Kryvosheyina, Inha;Makoda, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.320-326
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    • 2022
  • The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.

Research on legal improvement measurements on drone use

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.3
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    • pp.147-153
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    • 2017
  • The main subject of year 2016 Davos forum was "The 4th Industrial Revolution." Recently, interests and investment in drone market, so called industrial revolution in the sky is growing in many countries around the world. Before, drone was used for military purpose such as reconnaissance or attacking but today, it is used in various private sectors such as unmanned delivery service, agriculture, leisure activities, etc. Presently, many major countries in the world are already involved in the 'war without gunfire' to be dominant in this drone industry. Korean government also has announced an extreme relaxation of regulations for growing drone industry by opening a conference with Ministers related to economics. During the conference, business scope of drone which was limited to agriculture, photographing, and observation was expanded to all the fields except for cases hindering national safety and security. In terms of shooting purpose drone its process of receiving approval for flight and shooting is simplified to online registration. What is more, drone delivery service will be allowed in island areas such as Goheung, Yeongwol, etc from first term of year 2017. Finding the way to apply drone in criminal investigation is also speeding up. Recently, Public Safety Policy Research Center in Korean National Police University has inquired for research service and its result will be out around November. Likewise, although more and stronger foundation for supporting drone industry is made but there are still, some opinions saying that we should take a careful approach in consideration to the side effect such as abuse in crime. One may also try terror by placing a dangerous substance. If drone falls, it may hurt any civilians. Moreover, if shopping purpose drone is hacked, it may result in violation of privacy. Compared to America, Europe, and China, we are at the very beginning stage of drone industry and it is necessary to reorganize legal issues to grow this industry. This can be thought from two perspectives; first, the growth of drone industry is blocked by difficult regulations on Aviation Law and Radio Regulation Law. The second issue is the safety and privacy that are required for operating drone. For the advanced technologies to make human life more profitable, more active and proactive actions are required by criminal law side. In preparation to the second mechanical era where man and machines should go together, I hope that responsible preparation is required in all fields including the criminal law.

A Study on Developing the Model of Reasonable Cost Calculation for Privacy Impact Assessment of Personal Information Processing System in Public Sector (공공기관 개인정보 처리시스템의 개인정보 영향평가를 수행하기 위한 합리적인 대가 산정 모델 개발에 관한 연구)

  • Shin, Young-Jin
    • Informatization Policy
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    • v.22 no.1
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    • pp.47-72
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    • 2015
  • According to the progress of national informatization throughout the world, infringement and threaten of privacy are happening in a variety of fields, so government is providing information security policy. In particular, South Korea has enhanced personal impact assessment based on the law of personal information protection law(2011). But it is not enough to effect the necessary cost calculation standards and changeable factors to effect PIA. That is, the budgets for PIA was calculated lower than the basic budget suggested by Ministry of Government Administration Home affairs(2011). Therefore, this study reviewed the cost calculation basis based on the literature review, cost basis of similar systems, and reports of PIA and obtained to the standard with Delphi analysis. As a result, the standards of PIA is consisted to the primary labors and is utilized to how the weights by division of target system, construction and operating costs of target system, type of target systems, etc. Thus, the results of this study tried to contribute to ensure the reliability of PIA as well as the transparency of the budget for privacy in public sector.

Technical and Managerial Requirements for Privacy Protection Using Face Detection and Recognition in CCTV Systems (영상감시 시스템에서의 얼굴 영상 정보보호를 위한 기술적·관리적 요구사항)

  • Shin, Yong-Nyuo;Chun, Myung Geun
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.24 no.1
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    • pp.97-106
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    • 2014
  • CCTV(Closed Circuit television) is one of the widely used physical security technologies and video acquisition device installed at specific point with various purposes. Recently, as the CCTV capabilities improve, facial recognition from the information collected from CCTV video is under development. However, in case these technologies are exploited, concerns on major privacy infringement are high. Especially, a computer connected to a particular space images taken by the camera in real time over the Internet has emerged to show information services. In the privacy law, safety measures which is related with biometric template are notified. Accordingly, in this paper, for the protection of privacy video information in the video surveillance system, the technical and managerial requirements for video information security are suggested.

A Comparative Study of Regional Medical Information Protection Act and Privacy Act (국가별 개인정보보호법 및 의료정보보호법의 비교연구)

  • Bang, Yun-Hui;Rhee, Hyun-Sill;Lee, Il-Hyun
    • The Journal of the Korea Contents Association
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    • v.14 no.11
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    • pp.164-174
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    • 2014
  • The purpose of this study is to explore ways to resolve the conflicting issues that are currently applied in medical Act and medical privacy Act through the comparative Analysis of the Privacy Act and the Medical Information Protection Act foreign. the results run to establish the Public Health Act coming for the protection of health information is a characteristic of many countries, France in Europe, the United States and Canada had been running an independent medical information laws are enacted. Prescribes penalties of up to a fairly systematic method from the case records of patients would not have occurred in the management and implementation of the law and the protection of the author of the book focuses on the subject of medical records and physician records between patient confidentiality and privacy it can be seen that the method defined in. This indicates the need for the establishment of an independent medical information laws to protect all records relating to the patient systematically Korea also.