• Title/Summary/Keyword: Right to Information Self-determination

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The Overview of the Public Opinion Survey and Emerging Ethical Challenges in the Healthcare Big Data Research (보건의료빅데이터 연구에 대한 대중의 인식도 조사 및 윤리적 고찰)

  • Cho, Su Jin;Choe, Byung In
    • The Journal of KAIRB
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    • v.4 no.1
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    • pp.16-22
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    • 2022
  • Purpose: The traditional ethical study only suggests a blurred insight on the research using medical big data, especially in this rapid-changing and demanding environment which is called "4th Industry Revolution." Current institutional/ethical issues in big data research need to approach with the thoughtful insight of past ethical study reflecting the understanding of present conditions of this study. This study aims to examine the ethical issues that are emerging in recent health care big data research. So, this study aims to survey the public perceptions on of health care big data as part of the process of public discourse and the acceptance of the utility and provision of big data research as a subject of health care information. In addition, the emerging ethical challenges and how to comply with ethical principles in accordance with principles of the Belmont report will be discussed. Methods: Survey was conducted from June 3th August to 6th September 2020. The online survey was conducted through voluntary participation through Internet users. A total of 319 people who completed the survey (±5.49%P [95% confidence level] were analyzed. Results: In the area of the public's perspective, the survey showed that the medical information is useful for new medical development, but it is also necessary to obtain consents from subjects in order to use that medical information for various research purposes. In addition, many people were more concerned about the possibility of re-identifying personal information in medical big data. Therefore, they mentioned the necessity of transparency and privacy protection in the use of medical information. Conclusion: Big data on medical care is a core resource for the development of medicine directly related to human life, and it is necessary to open up medical data in order to realize the public good. But the ethical principles should not be overlooked. The right to self-determination must be guaranteed by means of clear, diverse consent or withdrawal of subjects, and processed in a lawful, fair and transparent manner in the processing of personal information. In addition, scientific and ethical validity of medical big data research is indispensable. Such ethical healthcare data is the only key that will lead to innovation in the future.

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Future Tasks of the Law Forcing CCTV Installation in Operating Rooms (수술실 내 CCTV 설치 의무화 법안의 향후 과제)

  • Lim, Ji Yeun;Kim, Kye Hyun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.185-210
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    • 2021
  • On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

A Study on the Effective Guarantee of the Right to Portability of Personal Health Information (개인건강정보 이동권의 실효적 보장에 관한 연구)

  • Kim, Kang Han;Lee, Jung Hyun
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.35-77
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    • 2023
  • As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

The Improvement Plan of the Individual Information Protection of the Law on the Development of Cloud Computing and User Protection (클라우드 컴퓨팅 발전 및 이용자 보호에 관한 법률상 개인정보 보호에 대한 개선방안)

  • Lee, Hie-Houn
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.219-225
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    • 2019
  • Today, in the era of the 4th Industrial Revolution, the cloud computing sector has advantages for cost reduction and efficiency of work, but problems related to privacy may arise. Therefore, the law on the development of cloud computing and user protection should be improved to enable providers of cloud computing services to proactively identify whether or not they contain their personal information, or to take steps to protect their privacy. And this same law is desirable to improve the implementation of a national mandatory certification system for privacy protection systems for cloud computing businesses. This same law is also desirable that cloud computing service providers create direct accountability for privacy breaches and appropriate scope for those responsibilities.

A Study on the Analysis and the Improvement of the MyData System from a Consumer Behavior Perspective (소비자행동 측면에서의 마이데이터 제도 분석 및 개선방안 연구)

  • Young-Jong Lee;Seong-Yeob Lee
    • Industry Promotion Research
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    • v.9 no.3
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    • pp.163-174
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    • 2024
  • MyData is a new entity that strengthens the rights of information subjects through the 'right to data portability' and utilizes data to enable hyper-personalized services using personal information. Korea's MyData system is recognized globally as an outstanding system in that it is creating a new MyData industry by granting the right to information self-determination through the 'right to request data transmission'. Now in its third year, this study evaluates Korea's MyData system from a consumer behavior perspective and identifies issues for improvement. To this end, this study reviewed previous research on the relationship between regulatory policy and consumer behavior to determine the applicability of a consumer behavior perspective in institutional evaluation. In addition, in a study on consumer behavior related to MyData, variables that affect the use of MyData were investigated and evaluation items from a consumer behavior perspective were derived. As a result of evaluating Korea's MyData system from a consumer behavior perspective, it was found that the factors considered important by consumers were appropriately reflected in the system. However, in cases where there are dual values of ease of use and personal information protection, regulatory aspects tend to take priority. Therefore, in order to revitalize the MyData industry, it is essential to implement market-friendly system improvements without compromising consumer rights. This study is differentiated from existing studies in that it attempted to derive a plan for system improvement by combining empirical consumer behavior research and regulatory policy research.

Analysis of Personal Gait Characteristics According to Legs Imbalance Gait (하지 보행 불균형 상태에 따른 개인별 보행 특성 분석)

  • Cho, Woo-Hyeong;Kim, Yeon-Wook;Kwon, Jang-Woo;Lee, Sangmin
    • Journal of the Institute of Electronics and Information Engineers
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    • v.54 no.5
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    • pp.109-119
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    • 2017
  • In the present study, to determine walking imbalance using the walking analysis method, where limitations in the existing walking analysis have been minimized, we propose a new walking analysis method that adopts the following: self-developed equipment to measure the angles of left-right hip joints and knee joints; a determination system using symmetry index (SI); and dynamic time warping (DTW) similarity analysis algorithm to analyze individual walking styles. Normal and imbalanced walking tests were conducted for 12 subjects without walking disorder. From the SI calculation to determine imbalanced walking, both the normal and imbalanced walking styles can be determined using the angle measurements of the left-right hip joints and knee joints. In the analysis of the individual walking styles, the similarities at the center of the lower back, left-right thighs, and dorsum of the feet of the 12 subjects in both normal and imbalanced walking cases were compared. From the similarity analysis of the measured values during the normal and imbalanced walking tests, I determined that the walking pattern does not maintain the same stance when the body parts move during walking.

Overview of Personal Information Protection Act in Korea (개인정보보호법의 개관 및 개정방향에 관한 연구)

  • Kim, Ilhwan;Sung, Jaeho
    • Journal of Internet Computing and Services
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    • v.16 no.4
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    • pp.141-148
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    • 2015
  • The Personal Information Protection Act enacted in March 2011 stated that the application target of this law includes all personal information processors in the public and private sector, and established the protection standard by phase such as collection, use and provision of personal information. There was an introduction of the Privacy Impact Assessment system that enables personal information processors to perform impact assessment autonomously if there are great concerns over the fact that making and expanding personal information files will influence the protection of personal information, while also making impact assessment compulsory for public institutions in specific reasons with great concerns for violating the rights of the subjects of information. This Act still has the problem that it is generally difficult to understand. This paper deals with the Korean legal practices about the personal information protection with regard to ambiguity and promotional system.

Legal and Institutional Issues and Improvements for the Adoption and Utilization of Artificial Intelligence in Government Services (정부서비스에서의 인공지능 도입 및 활용을 위한 법제도적 쟁점과 개선과제)

  • BeopYeon Kim
    • Journal of Information Technology Services
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    • v.22 no.4
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    • pp.53-80
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    • 2023
  • Expectations for artificial intelligence technology are increasing, and its utility value is growing, leading to active use in the public sector. The use of artificial intelligence technology in the public sector has a positive impact on aspects such as improving public work efficiency and service quality, enhancing transparency and reliability, and contributing to the development of technology and industries. For these reasons, major countries including Korea are actively developing and using artificial intelligence in the public sector. However, artificial intelligence also presents issues such as bias, inequality, and infringement of individuals' right to self-determination, which are evident even in its utilization in the public sector. Especially the use of artificial intelligence technology in the public sector has significant societal implications, as well as direct implications on limiting and infringing upon the rights of citizens. Therefore, careful consideration is necessary in the introduction and utilization of such technology. This paper comprehensively examines the legal issues that require consideration regarding the introduction of artificial intelligence in the public sector. Methodological discussions that can minimize the risks that may arise from artificial intelligence and maximize the utility of technology were proposed in each process and step of introduction.

A Study on Human-Centered IT Utilization in Caring for Elderly People Who Live Alone (독거노인 돌봄에 있어 인간중심의 IT 활용방안에 관한 연구)

  • Choi, So-Yun
    • Journal of Digital Convergence
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    • v.20 no.2
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    • pp.455-462
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    • 2022
  • This study was conducted to find ways to utilize human-centered IT in caring for elderly people who live alone. Through focus group interviews with experts, this study investigated the problems with delivery system, and ethical issues. Problems such as lack of trust, supplier-centered care, and uniform service provision were derived as major problems in the delivery system. These findings indicate that IT should be used as an auxiliary means of face-to-face services and to be controllable and convenient. Issues such as "guaranteeing the right to self-determination," "protecting privacy," "sufficiently guaranteeing the right to know," and "encompassing blind spots" were raised as important ethical issues related to human-centered IT utilization. Based on the research results, this study presented the necessity of designing user-centered information technology and the necessity of developing ethical indicators for the use of human-centered technology.

Meanings and Tasks of the Three Revised Bills which Ease Regulations on the Use of Personal Information (데이터 3법 개정의 의미와 추후 과제)

  • Kim, Seo-An
    • Convergence Security Journal
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    • v.20 no.2
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    • pp.59-68
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    • 2020
  • In January 2020, the National Assembly passed the revisions of three bills which ease regulations on the use of personal information. The revised laws include the launch of an independent supervisory body, the arrangement of redundant regulations, and regulations for the development of the data economy. This paper analyzes the content and meaning of each law of the Three Revised Bills that Ease Regulations on the Use of Personal Information. And the future challenges outline three aspects: the establishment of a system to ensure the right to informational self-determination of privacy concerns, the establishment of a certification system and the presentation of reasonable guidelines, and the expectation of professional performance by the Personal Information Protection Commission.