• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.5
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• pp.1269-1277
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• 2016

European Union and United States have introduced new Privacy Shield agreement after decision of Court of Justice of the European Union which invalidated Safe Harbor agreement. Privacy Shield agreement contains several clauses to raise the level of personal data protection such as enhanced commitments, stronger enforcement, clear safeguards and transparency obligations, and effective protection of EU citizens' rights with several redress possibilities. This agreement has received positive response as an enhanced measure for personal data protection. This paper examines EU and US discussion history and current situation regarding Privacy Shield and suggests national policy direction such as measures for personal data transborder flow system improvement and international cooperation.

• Informatization Policy
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• v.29 no.3
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• pp.48-60
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• 2022

This research analyzes the potential reform of Section 230 of the Communications Decency Act through the new institutionalist approach. The immunity provision of the Section 230, which has developed the U.S. Internet content regulation regime and protected big tech firms, is facing a significant change today. The chambers of Congress have attempted to limit the immunity shield for platforms with bipartisanship. As a result of analysis through the perspective of historical institutionalism, a critical change could come from external events including fake news controversies and data privacy scandals, as well as endogenous factors such as conflicts among actors. The discussion deals with the possible direction of Internet content regulation reforms in Korea.

• Korean journal of communication and information
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• v.25
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• pp.103-133
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• 2004

Korean citizens enjoy not only the freedom of communication but also the secrecy of electronic communication. Article 18 of the Constitution of the Republic of Korea prescribes that the secrecy of correspondence should not be infringed. Namely, all citizens enjoy guaranteed privacy of correspondence. But many people have been experiencing the infringement of those rights. The purpose of this paper is to evaluate whether Paragraph 2, Article 13 of the Act on Protection of the Secrecy of Correspondence infringes on the constitutional rights of privacy of electronic communication. The results of this study indicate that the law violates the Constitution. Paragraph 3, Article 12 (Personal Liberty, Personal Integrity) of the constitution stipulates that "Warrants issued by a judge through due process (upon the request of a prosecutor) have to be presented in case of arrest, detention, seizure, or search." However, prosecutors, the police, and National Intelligence Service have made numerous inquiries calling for the journalists' telephone records without warrants issued by a judge. So, this study suggests that the paragraph should be amended to be compatible with the Constitution. Meanwhile, journalists should make a more concerted effort to protect their news sources in exercising constitutionally protected freedom of the press.