• Title/Summary/Keyword: privacy rights

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New gTLD Program: Uniform Rapid Suspension System and Trademark Clearinghouse (신규 일반 최상위 도메인의 도입과 통일신속정지제도(URS)에 대한 연구)

  • Park, Yu-Sun
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.113-131
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    • 2011
  • Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) announced the expansion of the number of generic top-level domains (gTLDs) beyond the current 22 gTLDs, and the gTLD Applicant Guidebook for ICANN's new gTLD program is now under consideration for approval. ICANN also introduces a "Trademark Clearinghouse" and the "Uniform Rapid Suspension (URS)" procedure to protect trademarks and expedite dispute resolution and save costs. The Trademark Clearinghouse is a central repository for information to be authenticated, stored and disseminated, pertaining to the rights of the trademark holders. Trademark holders would voluntarily provide data of their trademarks from all over the world, and it would assist a trademark watch service provided by the new gTLD registry for trademark holders and potential domain name registrants. The URS is a part of the new gTLD dispute resolution mechanisms created by ICANN to resolve cybersquatting disputes. A complainant in a URS proceeding must establish three elements that are very similar to the existing UDRP to succeed, but supposedly more expedited and cost efficient. Since the URS provides that it only protects court validated and registered trademarks, it is not clear whether unregistered marks used in commerce are protected under the URS. The URS escalates the complainant's burden of proof from a preponderance of evidence standard under the UDRP to a clear and convincing evidence standard. The notices to a respondent shall be sufficient if the URS Provider sends the notice of Complaint to the addresses listed in the Whois contact information. As registrants who wish to conceal their true identity often subscribe to the privacy/proxy service and the complainant's high rate of success in the UDRP proceeding is relevant to the respondents' default rate, the URS's simple notice requirement would deprive respondents of a fair opportunity to assert their rights over the disputed domain names.

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A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

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 Study on the Issues on the Right of Portrait for Performing Arts Archives (공연예술기록의 초상권에 관한 연구)

  • Lee, Ho-Sin
    • Journal of Korean Library and Information Science Society
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    • v.44 no.1
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    • pp.333-355
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    • 2013
  • This paper is to examine the issues of the right of portrait and to suppose practical guideline for performing arts archives. The right of portrait protects external looks of the human beings based on the constitutional human dignity, privacy of a secret and freedom. But sometimes these rights are limited in case of the right to know of the public shall have precedence to the interests of the privacy of individuals. It is hard to regard Performing Arts as a private life in two respects: first, Performing Arts is just one of societal expressions, two, performers are conducting a given role as a performing character. Producing database with the photos and videos under the reasonable agreement from the performers and making it available as a service can be disclaimers of the right of portrait. It is hard to be acknowledged, however, as disclaimers in case of being undermined sameness in the course of using the portraits of the performers.

Improving Personal Data Protection in IoT Environments (사물인터넷(IoT) 환경에서 개인정보보호 강화를 위한 제도 개선 방안)

  • Lee, Ae Ri;Son, Soomin;Kim, Hyun Jin;Kim, Beomsoo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.4
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    • pp.995-1012
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    • 2016
  • In Internet of Things (IoT) environments, devices or sensors everywhere can automatically collect data without the individual awareness, further combine and share data using ubiquitous network, and thus the development of IoT raises new challenges in respect of personal data protection and privacy. This study aims to identify main issues related to data protection in the IoT and propose adequate measures. We analyzed the types of personal data controllers and processors in IoT and figured out the issues regarding the processing of personal data and the rights to privacy of data subject. Accordingly, we suggested the institutional ways (e.g., establishment of user-friendly notice and flexible consent system, re-identification risk monitoring system, data protection in cross-border transfer, and user education) to improve the situation of personal data protection in IoT and finally proposed the improvement tasks to carry out first based on the degree of urgency and importance.

A Study on Improving the Privacy for personal information collected for statistical processing (통계처리를 위해 수집된 개인정보에 대한 개인정보보호 개선방안에 관한 연구)

  • Bae, Sang-ho;Shin, Je-su;Chun, Sam-hyun;Chung, Hyun-soo
    • Journal of Convergence Society for SMB
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    • v.6 no.2
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    • pp.25-30
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    • 2016
  • Personal Information Protection Act does not apply to certain personal information processings and personal information management as well as the data subject's right to access to their personal information collected by public authorities pursuant to Statistics Act. Such exclusion may lead to problems such as misuse and mishandling of personal information by data controllers as well as infringement upon the data subejct's right to control over their personal information. This study is to find solutions to the above problems, considering the public interests of statistics and the facilitation of the collection and the use of statistics. Ultimately, the study is to suggest recommendations for the Personal Information Protection Act to ensure the data subject's rights to request access and rectification as well as safe management of the collected personal information.

A Study of Effective Privacy Protection System on High Concurrent Transaction Database System (동시 트랜잭션이 많은 데이터베이스에서 효과적인 개인정보보호 시스템 연구)

  • Kang, Ji-Won
    • Convergence Security Journal
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    • v.12 no.2
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    • pp.107-113
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    • 2012
  • Recently, according to the establishment of personal information protection Act, the public and private organizations are taking a step to protect personal information rights and interests by employing the technical methods such as the access control mechanism, cryptography, etc. The result of the personal information leakage causes a serious damage for the organization image and also has to face with the responsibility by law. However, applying access control and cryptographic approach on the personal information item for every connection to large database system causes significant performance degradation in a large database system. In this paper, we designed and implemented the light weight system using JVM (Java Virtual Machine) for the Oracle DBMS environment which the concurrent transaction occurs many, thereby the proposed system provides the minimum impact on the system performance and meets the need of personal information protection. The proposed system was validated on the personal information protection system which sits on a 'A' public organization's portal site and personnel information management system.

Improvement Plan of the Korean Electronic Medical Record (우리나라 전자의무기록의 개선방안)

  • Choi, Chan-Ho
    • Journal of Society of Preventive Korean Medicine
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    • v.18 no.3
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    • pp.11-21
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    • 2014
  • The rapid development and distribution of information communication industry facilitates the changes of hospital administration, introducing EMR(Electronic Medical Record) instead of paper-based medical record in the medical field. The developed countries such as U.S. have established EMR system after in the middle of 1970s because the primary advantages of EMR is to store and handle vast amounts of records efficiently and increase the quality of health care. Most of health organizations in Korea also apply medical record system to their administration. As the result, they have accomplished a scientific administration system through the use of medical record to handle a variety of patient's information including patient's confidentiality and privacy such as family history, social status, income level, and so on. However, access to and the misuse of EMR causes illegal infringement of patient's information and finally it becomes a very serious medical issue. Potential leakage and misuse of records may seriously infringe patient's privacy rights. In this respect, the related agencies in the public and private sector have been making efforts to prevent patient's records leakages. Especially, the revision bill of Medical Law in 2002 establishes the ways on the security and standards of electronic records. However, it does not provide the proper guidelines which is applied to the rapid changes of the medical environment. One of the most priorities in the hospital administration is the production and maintenance of an accurate medical records fulfilled by medical recorders. Therefore, it is very important for health care providers to hire ethical-based medical recorders. But, unfortunately most of hospitals overlook the importance of their roles. All parts including government, physician and patient must have more concerns on the problems related to EMR. Therefore, this study aims to propose the proper ways to resolve the problems coming from EMR.

Improvement Method of Education for Personal Information Protection through Survey on Perception in College Students (대학생 개인정보보호 인식조사를 통한 교육 개선방안 연구)

  • Kim, Ju-yeon
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.23 no.3
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    • pp.349-355
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    • 2019
  • In the trend of continuously increasing collection and use of personal information, there are legal grounds for protecting personal information and various policies and systems are implemented, but there is insufficient analysis about education and its effect of personal information protection. In this study, we surveyed and analyzed the degree of awareness and actual perception level in the protection of personal information of college students, and investigated the satisfaction of personal information protection education. The results of the analysis showed that students' interest in privacy protection and concern about personal information exposure was very high, but the efforts to protect personal information and the perception level of rights and systems for protecting personal information was very low. In addition, the experience and satisfaction of education for personal information protection were found to be very low. Students felt that the necessity of education for personal information protection was strongly agreed and preferred regular and continuous education rather than one-time education.

Big Data Governance Model for Smart Water Management (스마트 물관리를 위한 빅데이터 거버넌스 모델)

  • Choi, Young-Hwan;Cho, Wan-Sup;Lee, Kyung-Hee
    • The Journal of Bigdata
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    • v.3 no.2
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    • pp.1-10
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    • 2018
  • In the field of smart water management, there is an increasing demand for strengthening competitiveness through big data analysis. As a result, systematic management (Governance) of big data is becoming an important issue. Big data governance is a systematic approach to evaluating, directing and monitoring data management, such as data quality assurance, privacy protection, data lifetime management, data ownership and clarification of management rights. Failure to establish big data governance can lead to serious problems by using low quality data for critical decisions. In addition, personal privacy data can make Big Brother worry come true, and IT costs can skyrocket due to the neglect of data age management. Even if these technical problems are fixed, the big data effects will not be sustained unless there are organizations and personnel who are dedicated and responsible for data-related issues. In this paper, we propose a method of building data governance for smart water data management based on big data.