• 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.

• Journal of Platform Technology
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• v.6 no.4
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• pp.11-17
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• 2018

In the smart intelligence information society, there is a possibility that the social dysfunction such as the personal information protection issue and the risk to the electronic surveillance society may be highlighted. In this paper, we refer to various categories and classify electronic surveillance into audio surveillance, visual surveillance, location surveillance, biometric information surveillance, and data surveillance. In order to respond to new electronic surveillance in the intelligent information society, it requires a change of perception that is different from that of the past. This starts with the importance of digital privacy and results in the right to self-determination of personal information. Therefore, in order to preemptively respond to the dysfunctions that may arise in the intelligent information society, it is necessary to further raise the awareness of the civil society to protect information human rights.

• 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.

• 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.

• 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.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.145-173
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• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• Journal of Families and Better Life
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• v.21 no.1
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• pp.73-89
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• 2003

The goal of this study was to estimate the knowledge on the patient about treating and attitude about their right to know and how they practice. That is the study seek to find how much they claim about their right to know and how they evaluate it. Additionally describe how much the patient carry on their right to know and find out that of each level's associations. This main Purpose of the study was to increase patient's right to know during in medical services. Socio-demographic variables, personal service variables and other used variables which levels of consumers knowledge, demand, evaluation and about right to know on practice level were analyzed statistically. For this purpose, the subjects of this study were consumers who had experienced medical services. The survey was conducted on 551 Korean aged in off-line by self-administered questionnaires. Final analyzed sample sizes are 551. The regression, ANOVA, t-test and other descriptive analyses were used. The obtained results were as When the consumers were estimated the level of Knowledge, the degree of respondent's level was middle state. The level of demand showed low tendency but their practice level was relatively high. On the other hand, consumer's demand for the patient's right to know was very high. The level of knowledge, demand, evaluation have affected positively to the level of consumers practices. Based on empirical research, the statistics of consumers' knowledge level was significant to other variables and effecting highly. It was recommended consumer education should be provided effectively to increase protecting their right.

• Journal of Internet Computing and Services
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• v.18 no.1
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• pp.143-152
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• 2017

In order to ensure the right of self-determination of women, most of countries allow women to buy post-coital contraceptive pills or general medical supplies with ease. This study aims to analyze how ordinary people recognize and respond to post-coital contraceptive pills through collecting atypical data by using the keyword 'Contraception', rather than using the existing actual condition survey, such as questionnaire and interview, so that the results have been presented, which may be referred to for establishment of policies.

• Journal of Convergence for Information Technology
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• v.8 no.2
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• pp.141-148
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• 2018

The purpose of this paper is to explore the scope of realization of multiple perspectives so that the implementation of the right to be forgotten is more realistic than the ideal information deletion concept. We examined domestic and foreign legal system and technology/service trends, and reflected the classification realization level of service realization, processing type and information characteristics of personal information processor, and legislative/technical factors for multi-level scope analysis. As a result, we have presented a matrix of the range of realization of the right to be forgotten and the scope of diversified regulation by the subject of protection. This study will be extended to the convergence of law and engineering, and will contribute to the prediction of social costs and expansion of the market by identifying the scope of 'deletion rights'.

• Informatization Policy
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• v.18 no.1
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• pp.3-23
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• 2011

With the advent of the information era, the need to protect private information has increased rapidly. Theoretical answers to this problem in jurisprudence has been pursued in various ways over the last two decades. The purpose of this study is to find the types of human rights to information and provide directions for future studies by analyzing existing research materials. About 200 materials, including theses and dissertations produced from 1988 to the present have been collected and analysed. Lessons and implications for this study for the systematization of information rights are presented. I hope this study will contribute to future studies about information rights in jurisprudence.