• Title/Summary/Keyword: Privacy information protection law

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Study on the Korea Information System of Criminal Justice Services (형사사법정보시스템(KICS)의 활용실태 및 개선방안)

  • Shin, Sung Shik
    • Convergence Security Journal
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    • v.15 no.4
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    • pp.141-147
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    • 2015
  • KICS is intended to facilitate the computerization of the criminal justice process and realize a quick and transparent criminal justice process. Thus, it has been operating in the field of criminal justice by establishing criminal justice portal for the empowerment of the people. While in 2008 the opposition by the Court concerns the independent function of the judiciary and privacy violations presented in conjunction with its own operating system between the judiciary and other institutions. KICS improve office productivity by creating documents in a single criminal justice agencies to reduce costs, and costs of document exchange between criminal justice agencies. Secondly, the decision-making process is simplified by using the electronic documentation system and speed up, bind and document handling procedures ranging from preserving documents received are reduced dramatically contribute to the competitiveness of the organization through business improvement. Third, The use of an electronic document stored in the information is easy, and it is possible to easily access a variety of information can facilitate the realization of an open state by smoothly to provide information about the people. Finally, KICS building a network of criminal legal systems to maximize the benefits and the electronic integration effect it is being evaluated to improve the overall efficiency of the criminal legal system.

A study on Establishment and Management of the CCTV in Operating Room (수술실 CCTV 설치 및 운영에 대한 고찰)

  • Kim, Minji
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.109-132
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    • 2019
  • Recently, medical accidents related to surgical procedures have increased. In addition, the media reported that some of these accidents were involved in health crimes. Patient-advocate groups have called for mandatory establishment and management of CCTV in operating rooms. There is a lot of discussion among the interested parties, so it is necessary to review the relevant laws and regulations. The purpose of this study is to identify the characteristics of CCTV in operating rooms and to review legislations related to establishment and management of the CCTV in operating rooms. Medical institutions use CCTV for management of facilities and patient safety and install it in operating rooms optionally. The Constitution guarantees the privacy and the privacy of correspondence of every citizen, but it can be limited by the law for public welfare. Currently, however, there is no existing law about establishment and management of the CCTV in operating rooms and it can be defect of legal system. Under the current legislations, it is likely that the Self-determination can be violated due to the characteristic of healthcare provider when CCTV is mandatorily installed in operating room. In addition, the regulations on access and leakage of confidential information known by operator are insufficient. So that, the safety of the visual data might be threatened. Furthermore, unless the period and the place of storage of the visual data are clearly defined, it is highly unlikely to meet the original purpose of patient safety and prevention of medical accidents. This study is meaningful as there is few previous study on this topic although the need for legal review about this is growing and several bills are being proposed. It is expected that the results of this study can be utilized as basic data for enactment or amendment of the laws and regulations about establishment and management of CCTV in operating rooms.

A Study on the Status of Market, Technology and Legal System of the UAV and its Useful Policies (무인항공기 시장·기술·법제도 실태분석 및 정책적 대응방안 연구)

  • Park, Cheol-Soon
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.373-401
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    • 2015
  • The UAV(Unmanned Aerial Vehicle, Drone) technology has been undergoing rapid progress, accompanied with a growth in the market. However, domestic industry standards and technology lag behind such progress happening on the international scene, and in particular in developed countries. Related regulations are also deemed lacking to address the issues that arise with such developments. Meanwhile, as the rise of UAV technology is a fairly recent phenomenon, the gap between Korea and developed countries is not too big. As this technology has high relevance to information and communication technologies, it also offers ample leeway for Korea to catch up in the field of UAV. As such, this paper seeks to provide a survey of the overall technology, market and regulations concerning UAV to identify possible measures on how to address any issues that may arise through proper policies. Due to the progress made in the field of UAV technology and increased penetration rate, striking a right balance between putting in place a proper regulatory system and establishing policies that foster growth in the field has risen as a very important issue. While the importance of establishing a legal system that helps prevent possible risks is indeed important, it must also be acknowledged that excessive regulation can also hinder technological progress. This, in turn would stagnate the market and dampen the entrepreneurial spirit in the society. In the case of new, practical technologies such as UAV, a prompt establishment of regulatory systems and policy measures in terms of policies is a requisite. In brief, in order to promote progress in the UAV industry and at the same time, for public safety and the protection of privacy, there should be an appropriate level on the easing and tightening of the regulation.

A Study on the Safe Use of Data in the Digital Healthcare Industry Based on the Data 3 Act (데이터 3법 기반 디지털 헬스케어 산업에서 안전한 데이터 활용에 관한 연구)

  • Choi, Sun-Mi;Kim, Kyoung-Jin
    • Journal of the Korea Convergence Society
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    • v.13 no.4
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    • pp.25-37
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    • 2022
  • The government and private companies are endeavoring to help the digital healthcare industry grow. This includes easing regulations on the big data industry such as the amendment of the Data 3 Act. Despite these efforts, however, there have been constant demands for the amendment of laws related to the medical field and for securing medical data transmissions. In this paper, the Data 3 Act of Korea and the legal system related to healthcare are examined. Then the legal, institutional, and technical aspects of the strategies are compared to understand the issues and implications. Based on this, a legal and institutional strategy suitable for the digital healthcare industry in Korea is suggested. Additionally, a direction to improve social perception along with technical measures such as safe de-identification processing and data transmission are also proposed. This study hopes to contribute to the spread of various convergent industries along with the digital healthcare industry.

Cancer Registration in Korea: The Present and Furtherance (암 등록사업의 현황과 추진방향)

  • Ahn, Yoon-Ok
    • Journal of Preventive Medicine and Public Health
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    • v.40 no.4
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    • pp.265-272
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    • 2007
  • It was not until 1975 that cancer registration was initiated in Korea; voluntary registration of cancer patients of training hospitals throughout the country began under the auspices of the Korean Cancer Society(KCS). However, an official cancer registration, the Korea Central Cancer Registry(KCCR), began on July 1st, 1980. Forty-five training and two non-training hospitals throughout the country initiated registration of patients in whom neoplasms had been found. Data related to case information specified are to be sent to the KCCR at the National Medical Center(it moved at National Cancer Center in 2000). The initial cancer registration of KCS was merged to the KCCR in 1980. Although the KCCR covers most all the large training hospitals in Korea, it cannot provide incidence data. It is, however, the only of its kind in the world, being neither hospital nor population based. The first population based cancer registry(PBCR) was launched in a small county, Kangwha(it has around 80,000 inhabitants), by Yonsei University Medical College in 1983. All data were collected by active methods, and incidence statistics for 1986-1992 appeared in Vol VII of the CI5. Another PBCR, Seoul Cancer Registry(SCR), started in 1991. It was supported by a civilian foundation, the Korean Foundation for Cancer Research. The basic idea of case registration of SCR was the incorporation of KCCR data to PBCR, e. g. dual sources of case registration, i.e., from the KCCR and also including cases diagnosed in small hospitals and other medical facilities. Assessing completeness and validity of case registration of SCR, the program and methodology used by the SCR was later extended to other large cities and areas in Korea, and the PBCR in each area was established. Cancer incidence statistics of Seoul for 1993-1997, Busan for 1996-1997, and Daegu for 1997-1998, as well as Kangwha for 1993-1997, appeared eventually in Vol VIII of the CI5. The Korean or 'pillar' model for a PBCR is a new one. The KCCR data file is a reliable basis, as a pillar, for a PBCR in each area. The main framework of the model for such a registry is the incorporation of a KCCR data file with data from additionally surveyed cases; the data related to cancer deaths, medical insurance claims, and visit-and surveillance of non-KCCR medical facilities. Cancer registration has been adopted as a national cancer control program by Korean government in 2004 as the Anti-Cancer Act was enacted. Since then, some officers have tried to launch a nation-wide PBCR covering whole country. In the meantime, however, cancer registration was interrupted and discontinued for years due to the Privacy Protection Law, which was solved by an amendment of the Anti-Cancer Act in 2006. It would be premature to establish the nation-wide PBCR in Korea. Instead, continuous efforts to improve the completeness of registration of the KCCR, to progress existing PBCRs, and to expand PBCRs over other areas are still to be devoted. The nation-wide PBCR in Korea will be established eventually with summation of the PBCRs of the Korean model.

A Study on Legal Issues of Data Portability and the Direction of Legislative Policy (개인정보 이동권의 법적 이슈와 입법 정책 방향)

  • Yi, Chang-Beom
    • Informatization Policy
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    • v.28 no.4
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    • pp.54-75
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    • 2021
  • The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.