• Proceedings of the Korean Society of Computer Information Conference
• /
• 2024.01a
• /
• pp.101-103
• /
• 2024

본 논문에서는 잊혀질 권리에 대한 법제도 및 법정책적 검토를 논하고자 한다. 잊혀질 권리는 알권리, 표현의 자유 등 다른 기본권과 충돌할 수밖에 없기 때문에 이 권리를 법률로 구체화하는데 다각적인 학제 간 연구가 선결문제로써 검토되어야 한다. 정보 주체에게 잊혀질 권리를 법제화하는 것은 그 정보를 사용하려는 사람의 표현의 자유를 제한하는 결과를 초래하기 때문에 일정한 한계를 노출할 수밖에 없다. 현행 개인정보 보호법, 정보통신망 이용촉진 및 정보보호 등에 관한 법률 등에서 개인정보의 파기제도를 신설하여 부분적으로 잊혀질 권리를 반영하고 있지만 헌법상 중요한 가치인 잊혀질 권리와 알권리 및 표현의 자유에 대해 조화롭게 균형을 찾는 것이 선행과제인 것이다.

• The Journal of Society for e-Business Studies
• /
• v.25 no.1
• /
• pp.123-134
• /
• 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.

• Journal of Platform Technology
• /
• v.12 no.1
• /
• pp.141-150
• /
• 2024

The importance of personal data protection is increasingly emphasized both at home and abroad, and while overseas countries are applying various policies and dynamic management technologies, there are some gaps between compliance with laws and regulations and the application of technologies in Korea, and there are few user interfaces that provide convenient ways for data subjects to stop processing personal data. This study first analyzes the need for dynamic personal information consent management technology, the current state of the industry, and the prospects for its development. Next, this study proposes a basic model for dynamic management of personal information consent that maximizes the data subject's right to personal data self-determination while strictly complying with personal data protection laws in Republic of Korea. In particular, this study analyzes the basis of domestic laws and regulations related to the suspension of personal data processing, designs a basic model of personal data consent dynamic management interface, and presents its effectiveness. Based on the results of this study, we expect that the proposed dynamic management model for personal data use consent can be used in various ways for various websites and applications in the future.

• The Korean Society of Law and Medicine
• /
• v.13 no.1
• /
• pp.359-395
• /
• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

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

• Journal of Digital Convergence
• /
• v.12 no.8
• /
• pp.187-196
• /
• 2014

Most Consumers don't pay attention the process of giving consent for the provision of personal information. The terms of giving consent of personal information provision including 3rd party provision related contents. Although personal information leakage were related 3rd party sharing, consumers can't recognize the details. Therefore, this study focused on the perception of 3rd party provision of personal information. Consumers recognized 3rd party as who are related the service offer or not. Consumers want to know the cases of personal information sharing to the 3rd party, and if the business operators got benefit to share personal information with 3rd party, consumers want to know the facts. To understand the terms easily, the format have to be revised and to be standardized. Standardization of consent forms is very important for consumers to understand the difficult documents and the development of the business system to collect and use consumer's personal information to guarantee the right to self-determination of personal information.

• Journal of Digital Convergence
• /
• v.9 no.6
• /
• pp.81-90
• /
• 2011

Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

• The Korean Society of Law and Medicine
• /
• v.24 no.2
• /
• pp.35-77
• /
• 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.

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

• Journal of Internet Computing and Services
• /
• v.16 no.4
• /
• pp.141-148
• /
• 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.