• Title/Summary/Keyword: Right of self-determination of personal information

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Tackling Privacy Paradox : Protecting Right to Self-determination of Personal Information by Estimating the Economic Value of Personal Information and Visualizing the Price

  • Lim, Sejoon
    • International Journal of Internet, Broadcasting and Communication
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    • v.13 no.2
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    • pp.244-259
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    • 2021
  • The economic value of personal information has its importance as an objective measure of valuation in commercial, legal, and policy areas. Until recently, however, personal information subjects have not properly recognized the economic value of personal information, which has led to the inability to exercise the right to self-determination of personal information by unconsciously agreeing to the terms and conditions of personal information service without recognizing the value of personal information provided to the service provider when subscribing to a specific service. Therefore, we will examine the methodologies for calculating the economic value of personal information and the practical guarantee of the right to self-determination of personal information and analyze the economic value of personal information through a survey. Also, we would like to propose various ways for the subject of personal information with limited cognitive resources to visually accept the economic value of personal information required by the terms and conditions and suggest the optimal visualization of personal information economic value to exercise the right to self-determination of personal information. To do so, in this paper, we have conducted two survey experiments to estimate the economic value of personal information. Based on the price of personal information by category retrieved from surveys, we have visualized the price of personal information in various forms and asked respondents to choose the optimal infographic that best represents the value of personal information visually. As a result, we have proposed an optimal usage of the infographic to 'nudge' information subjects about their right to self-determination of personal information, therefore opening the possibility of diminishing privacy paradox.

A Study on the Privacy Literacy Level Measurement for the Proper Exercise of the Right to Informational Self-Determination (올바른 개인정보자기결정권 행사를 위한 프라이버시 리터러시 수준 측정에 관한 연구)

  • Park, Hyang-mi;Yoo, Ji-Yeon
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.2
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    • pp.501-522
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    • 2016
  • In the digital era, information is a source of value creation. However, the growing importance of knowledge and information also increases risks and threats. When information is leaked, full recovery is difficult, and additional spreading of risk is high because it is easy to accomplish. Especially personal information is the main target due to its availability. Although individuals normally have to consent to the use of their personal information, they often do not know the use of their information. In such a difficult situation, one must exercise self-determination and privacy. Therefore, the goal of this study is to development a privacy literacy level measurement model for the proper exercise of the right to informational self-determination. It will be presented with the concept of privacy literacy index in order to determine the level of knowledge and understanding and practical application skills for individual. Through the index, we going to enhance the selection ability of information subject, and to promote the judgement and the determination capability for the protection and utilization of personal information.

A Study on the right to be forgotten in Digital Information Societies

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.10
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    • pp.151-157
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    • 2017
  • In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

Legalization of Right to be Forgotten and Freedom of Press in the Digital Media Environment (디지털 미디어 환경에서 잊혀질 권리의 법제화와 언론의 자유)

  • Kim, Hyung-Il
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.21-27
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    • 2013
  • With the advent of digital media environment, distribution way of information changes, legalization of the right to be forgotten is becoming increasingly necessary. However, too much emphasis on protection of personal information to hinder the development of the Internet industry and constitutional rights, including freedom of speech and right to know might be infringed. Thus, the scope of the right to be forgotten there is a need to clarify the rules. First, the rights of personal information can be divided into two. Right to be forgotten can be applied to the right to self-determination of personal information, but the right to self-determination information about social personality cannot be applied to. Second, in the digital media environment, old news article over the internet repeatedly distribution as the new damage is generating. Because old news article is a historical record, the right to be forgotten can not be applied. Thus, appropriate for digital media environment must find new ways.

A Case Study for Improvement of Users' Right to Informational self-determination: Focusing on the GDPR of EU and the CCPA of California, USA (국내 기업의 개인정보 자기결정권 강화를 위한 논의: EU의 GDPR과 미국 캘리포니아주의 CCPA를 중심으로)

  • Yoon, Young-Ho;Yoon, Hyun Shik
    • The Journal of Information Systems
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    • v.28 no.4
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    • pp.65-103
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    • 2019
  • Purpose The purpose of this study is to find out in extent to which the companies in Korea and oversea, which has been subjected by different laws of their country, have guaranteed the personal information rights and have provided proper 'right to access' to the information subjects. Design/methodology/approach This study compared Korean laws with 'General Data Protection Regulation (GDPR)' of EU and 'California Consumer Privacy Act (CCPA)' to check each of the level of 'right to access' guarantee. In terms of the difference in guaranteeing the right, this study compared Korean IT leading companies with US global leading IT companies to find out how much 'right to access' are properly implemented in their policies and functions they provide. Findings The result of the study shows that 'right to access' has not been well guaranteed by Korean law, as it does not provide the right to choose method and medium by information subjects and does not clarify the types of diverse information. This was clearly opposite with the other laws providing the right to choose what method and medium that subjects want with clarifying every types of personal information possible to be more. In addition, 'right to access' has not been well guaranteed by Korean companies in comparison with by the oversea companies which proactively guarantee the right by setting the function enabling subjects to browse their information through their websites or applications.

Factors Affecting the Intention to Adopt Self-Determination Rights of Personal Medical Information (개인의료정보 자기결정권 행사 의도에 영향을 미치는 요인)

  • Yunmo Koo;Sungwoo Hong;Beomsoo Kim
    • Information Systems Review
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    • v.20 no.1
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    • pp.159-177
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    • 2018
  • With an extensive proliferation of information and communication technology, the volume and amount of digital information collected and utilized on the Internet have been increasing rapidly. Also on the rapid rise are side effects such as unintended breach of accumulated personal information and consequent invasion of personal privacy. Informational self-determination is rarely practiced, despite various states' legal efforts to redress data subjects' damage. Personal health information, in particular, is a subcategory of personal information where informational self-determination is hardly practiced enough. The observation is contrasted with the socio-economic inconvenience that may follow due to its sensitive nature containing individuals' physical and health conditions. This research, therefore, reviews factors of self-determination on personal health information while referring to the protection motivation theory (PMT), the long-time framework to understand personal information protection. Empirical analysis of 200 data surveyed reveals threat-appraisal (perceived vulnerability and perceived severity of threats) and coping-appraisal (perceived response effectiveness), in addition to individual levels of concern regarding provided personal health information, influence self-determination to protect personal health information. The research proposes theoretical findings and practical suggestions along with reference for future research topics.

A Study on the Improvement of the Unconditional Right to Informational Self-Access Based on the Status of Domestic and Foreign Legislation and It's Application to Domestic Corporations (무조건적 자기정보접근권 부여에 대한 국내외 규제현황 및 사례분석을 통한 개선방안 연구)

  • Bae, Jin-ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.3
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    • pp.591-605
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    • 2017
  • The right to informational self-determination refers to the constitutional right for an individual, which is approved by the constitutional court, to decide what contents the collected information comprises and to control the circulation of information relation to oneself. It contains claim for inspection of personal information(The right to informational self-access) as a right for individual to review information of current state and processing history which information holders have. To assure the right to informational self-access, individual must be notified of the processing history of information by information holders regardless of individual's request(The unconditional right to informational self-access). This study will analyse current status of domestic and foreign legislation and global regulation which are related to the unconditional right to informational self-access. In addition, the action of domestic corporations will be introduced. Finally, it will be concluded with relevant problems and solutions to solve the problems.

Legal examination of personal information disclosure system of administrative (행정상 인적사항공개제도에 대한 법률적 검토)

  • Ryu, Gi Hwan;Shin, Mi Ae
    • Convergence Security Journal
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    • v.16 no.6_2
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    • pp.89-97
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    • 2016
  • Disclosure of personal information to be carried out in one of the Administrative Publicity, Administrative agency as specific information about the person who has violated the obligation imposed by the law is an unspecified number people know is through the direct or Internet media it is to be disclosed in an unspecified number of people. This is, indirect sanctions so as to fulfill its obligations by the addition of psychological pressure that exposes the personal information of the fact that in breach of his obligations to the breach of duty and it has been an unspecified number of people know it is a means. However, publication of these personal information, infringement of the moral rights of the Constitution guarantees an individual, of course, not only a matter of law that the right to self-determination of the personal information, has continued also doubts for the effectiveness of the system. As a result, in this paper, to discuss legal issues with the disclosure of management personal information and its improvement measures, and expected to be able to take advantage of the efficient development of the future of personal information disclosure system.

A Study on the Protection of Personal Information in the Medical Service Act (의료법의 개인정보보호에 관한 연구)

  • Sung, Soo-Yeon
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.75-103
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    • 2020
  • There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

Improvement of Selective Consent Method in the Collection Process of Personal Information of Financial Institutions (금융기관의 개인정보 수집 절차 중 선택적 동의 방식의 개선방안)

  • Sun, Jong-chun;Kim, In-seok
    • The Journal of Society for e-Business Studies
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    • v.25 no.1
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    • pp.123-134
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    • 2020
  • Although the rights of data subjects are defined through laws such as the Personal Information Protection Act, the consent process for collecting personal information by financial institutions is only formal and does not guarantee the right of self-determination of personal information. Therefore, it is necessary to analyze the problem by information provision items of the current model, and to improve by changing the structure such as replacing the current method provided with the text with pictures and videos, and mandatory to provide the information subjects with personal information flow related images from the signing up stage. The improvement model is presented as a way to add a procedure to the current model. The effect was verified through a survey. It is hoped that the proposed model is actually reflected through the review to create an environment that can be a true meaning agreement that reflects the information subject's right to self-determination.