• Title/Summary/Keyword: Protection of Personal Data

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A Study on the Disclosure and Exemption of the Personal Data (개인정보의 공개와 보호에 관한 연구 - 영국 사례를 중심으로 -)

  • Kim, Jung Ae
    • The Korean Journal of Archival Studies
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    • no.29
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    • pp.225-268
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    • 2011
  • The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

The Consideration about an Electronic Medical Record Security Standardization (전자의무기록 보안표준화에 대한 고찰)

  • Park, Doo-Hee;Song, Jae-Young;Lee, Nam-Yong
    • Journal of Information Management
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    • v.36 no.1
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    • pp.125-154
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    • 2005
  • Due to the development of Internet and the collection and usage of the individual information, the infringements of the personal data have been increased rapidly. Regarding the personal data protection in the medical industry, it is clearly described in 'Act on Promotion of Information and Communication Network Utilization and information Protection, etc.'. the law is ratified on the basis of the service provider, therefore, it has its own limitation to be applied to medical industry. Therefore, this paper is to set the security standard and to discuss the range of legal application and considerations on its basis for the domestic medical institution at the electronic medical record system. We exemplify specific applicable content of the electronic signature in the electronic medical record also, present a security assessment item in electronic medical system and set the criteria for the security standard in the medical industry.

A Study on Public Order Right Based on Analysis of the Administrative Disposition Results Against the Personal Information Protection Act Violation (개인정보 보호법 위반에 따른 행정처분 결과 분석을 통한 공표명령권 도입 연구 395)

  • Jeon, Ju Hyun;Rhee, Kyung Hyune
    • KIPS Transactions on Computer and Communication Systems
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    • v.11 no.11
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    • pp.395-402
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    • 2022
  • In case of violation of the Personal Information Protection Act, administrative dispositions will be taken according to the legal standards, and the results will be announced. However, the current method has limitations in its effectiveness as repeated administrative dispositions are increasing despite the announcement by the disclosure system of the Personal Information Protection Act. In this paper, we deploy the introduction of the 'public announcement commandment' against violators by analyzing the administrative disposition results according to the violation of the Personal Information Protection Act. It is able to strengthen the existing disclosure system for self-disclose violations by providing easy recognition to the people about the fact of violation itself against the Personal Information Protection Act. Furthermore, we analyze major industries through the industry groups and violations of laws that were subject to publication, and data published on the results of administrative dispositions for violation of the Personal Information Protection Act. Finally, we propose the legal basis for the 'public announcement commandment' which allows the violator to publish by oneself for the announcement of the fact that the corrective action has been taken.

An Exploratory Study on the impact of EU Adequacy Decision on GDPR compliant companies (EU 적정성 결정이 GDPR 대상기업에 미치는 영향에 관한 탐색적 연구)

  • Kim, YoungSoo;Chang, Hangbae
    • Journal of Platform Technology
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    • v.9 no.4
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    • pp.32-41
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    • 2021
  • The EU enacted a law strongly regulating the GDPR to protect the privacy of its citizens on 25 May 2018. Compliance with GDPR is an essential prerequisite for companies to enter the European market in the global economic era. In this paper, Step-by-step measures have been defined to conclude DPA agreements for the appropriate level of protection against EU personal data transfer. To explore the benefits and expected effects of determining appropriateness at the government level. As a result, enterprises benefit from simplifying processes, reducing time, and reducing costs when entering the EU. Government-level support in response to personal data breach and communication with the EU Commission will have a positive impact, However, even after the adequacy decision, the entity continues to need activities to secure personal data through compliance with GDPR principles and obligations. Major operations of companies that comply with GDPR are also maintained as important tasks that must be observed in most cases except for the Data Protection Agreement.

Collection of Location Data and Human Rights to Information projected onto the Apple Inc.'s Case (애플사(社)의 위치정보 수집과 정보인권)

  • LEE, Min-Yeong
    • Informatization Policy
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    • v.19 no.1
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    • pp.74-90
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    • 2012
  • This thesis analyzes the Apple Inc.'s case from the viewpoint of the necessity for the protection of information privacy related to location data as for information society and ubiquitous community. Meanwhile, the regulatory conformity to equilibrium of contradictional value between personal data protection and utilization of information is debated from the fundamental right as for constitutional law concept to the commercial and technological structure in terms of economic and business point. Therefore, this paper reaches the conclusion that the legislative system should form a harmonious relationship between legal protection and lawful utilization to reappraise the present condition of legalization on personal data protection from guaranteeing rights and interests of information subject in the perspective of human rights to information guarantee consequently. As a result, it is required to revaluate the lawfulness of the fine on the violation of administrative duty levied by KCC(Korea Communications Commission).

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The Effects of GDPR on the Digital Economy: Evidence from the Literature (GDPR이 디지털 경제에 미치는 영향: 문헌 자료에 근거하여)

  • Prasad, Aryamala;Perez, Daniel R.
    • Informatization Policy
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    • v.27 no.3
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    • pp.3-18
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    • 2020
  • In the growing digitalized world, the European Union implemented the General Data Protection Regulation(GDPR) to establish a comprehensive data protection framework across member states. Given the constitutional roots of GDPR, the EU's regulatory approach is different than other data protection regimes. The new regulation has strengthened individual rights to data protection, but it also introduced several obligations for businesses that collect and process personal data. We review the existing literature on privacy, particularly GDPR, from a policy perspective. The evidence outlines data regulation's effects on competition, innovation, marketing activities, and cross-border data flows. The discussion highlights the tradeoffs between increased regulation of data protection and its effects on the market.

Risk Analysis for Protecting Personal Information in IoT Environments (사물인터넷(IoT) 환경에서의 개인정보 위험 분석 프레임워크)

  • Lee, Ae Ri;Kim, Beomsoo;Jang, Jaeyoung
    • Journal of Information Technology Services
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    • v.15 no.4
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    • pp.41-62
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    • 2016
  • In Internet of Things (IoT) era, more diverse types of information are collected and the environment of information usage, distribution, and processing is changing. Recently, there have been a growing number of cases involving breach and infringement of personal information in IoT services, for examples, including data breach incidents of Web cam service or drone and hacking cases of smart connected car or individual monitoring service. With the evolution of IoT, concerns on personal information protection has become a crucial issue and thus the risk analysis and management method of personal information should be systematically prepared. This study shows risk factors in IoT regarding possible breach of personal information and infringement of privacy. We propose "a risk analysis framework of protecting personal information in IoT environments" consisting of asset (personal information-type and sensitivity) subject to risk, threats of infringement (device, network, and server points), and social impact caused from the privacy incident. To verify this proposed framework, we conducted risk analysis of IoT services (smart communication device, connected car, smart healthcare, smart home, and smart infra) using this framework. Based on the analysis results, we identified the level of risk to personal information in IoT services and suggested measures to protect personal information and appropriately use it.

Analyzing Assessment Factors to Develop a Privacy Impact Assessment Pre-Diagnostic Tool (개인정보 영향평가 사전진단도구 개발을 위한 평가 요소 분석)

  • Young-Ae Jung
    • Journal of Platform Technology
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    • v.12 no.1
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    • pp.151-163
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    • 2024
  • The Privacy Impact Assessment, PIPA in Korea refers to the process of analyzing risk factors and identifying improvements that must be carried out by organizations that operate personal information files as stipulated in Article 33 of the Personal Information Protection Act, PIPA and Article 35 of the Enforcement Decree of the PIPA. There are two main limitations of the PIA in Korea. The first limitation is that the targets of the PIA are limited to public institutions and organizations that are legally equivalent to public institutions, and the second limitation is that only organizations with adequate manpower, facilities, and other necessary requirements which are regulated upon the Enforcement Decree of the PIPA can conduct a PIA. This paper proposes to develop a preliminary diagnostic tool that can be performed by private companies, small and medium-sized venture companies, and small businesses in the era of rapidly developing data in recent years and presents an analysis of specific assessment factors. The results of this study are provided in the form of a self-checklist, which is expected to serve as a pre-diagnostic tool for the PIA that can be easily accessed by the general public. It is also expected to contribute to strengthening privacy protection and achieving legal compliance at the national level.

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Implementation of Privacy Protection Policy Language and Module For Social Network Services (소셜 네트워크 서비스를 위한 프라이버시 보호 정책언어 및 프라이버시 보호 모듈 구현)

  • Kim, Ji-Hye;Lee, Hyung-Hyo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.21 no.1
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    • pp.53-63
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    • 2011
  • An SNS(Social Network Service) enables people to form a social network on online as in the real world. With the rising popularity of the service, side effects of SNSs were issued. Therefore we propose and implement a policy-based privacy protection module and access control policy language for ensuring the right of control of personal information and sharing data among SNSs. The policy language for protecting privacy is based on an attribute-based access control model which grants an access to personal information based on a user's attributes. The policy language and the privacy protection module proposed to give the right of control of personal information to the owner, they can be adopted to other application domains in which privacy protection is needed as well as secure sharing data among SNSs.

A study on frame transition of personal information leakage, 1984-2014: social network analysis approach (사회연결망 분석을 활용한 개인정보 유출 프레임 변화에 관한 연구: 1984년-2014년을 중심으로)

  • Jeong, Seo Hwa;Cho, Hyun Suk
    • Journal of Digital Convergence
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    • v.12 no.5
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    • pp.57-68
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    • 2014
  • This article analyses frame transition of personal information leakage in Korea from 1984 to 2014. In order to investigate the transition, we have collected newspaper article's titles. This study adopts classification, text network analysis(by co-occurrence symmetric matrix), and clustering techniques as part of social network analysis. Moreover, we apply definition of centrality in network in order to reveal the main frame formed in each of four periods. As a result, accessibility of personal information is extended from public sector to private sector. The boundary of personal information leakage is expanded to overseas. Therefore it is urgent to institutionalize the protection of personal information from a global perspective.