• Title/Summary/Keyword: privacy rights

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Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

The Challenge of Personal Information Act for Oral History Project (구술자료의 수집과 서비스에 대한 개인정보 보호법의 도전)

  • Lee, Hosin
    • Journal of Korean Society of Archives and Records Management
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    • v.17 no.1
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    • pp.193-216
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    • 2017
  • The purpose of this study is to understand issues related to the Personal Information Act recently emerging in the field of oral history, and to prepare countermeasures for oral history academics and archives. The Personal Information Act is intended to protect the confidentiality and freedom of the constitutional privacy, and to assure the right to self-determination of information, thereby realizing the dignity and value of the individual. Oral history is intended for living persons; therefore, strict ethical standards are needed to protect the morality of the person behind the sound recordings and appears as the subject of oral history. However, if the uniform application of the Personal Information Act is made, it is a requirement to make the process of consenting and notifying excessively complex and almost impossible to realize, making collection and service of oral history resource improbable. The mechanical and strict application of the Personal Information Act does not come into being because it has the aspect of undermining the inherent intrinsic value of oral history resources and making it difficult to maintain the authenticity of the records. To solve these problems, it is necessary to revise Article 58 (4) of the Personal Information Act of Korea. In addition, it is necessary to establish a guideline for the establishment of independent ethical standards of oral history itself, especially for the protection of the moral rights of third parties.

A Study of the Experiences of Unwed Mothers in Interaction with Public Service Professionals: Focusing on the Experiences during Pregnancy, Birth and Child Caring (미혼모들의 경험을 통해 본 공공서비스 전문가들의 미혼모들에 대한 인식: 임신과 출산, 보육 과정에서의 경험을 중심으로)

  • Sung, JungHyun;Kim, HeeJoo;Lee, MeeJung;Park, YoungMee
    • The Journal of the Korea Contents Association
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    • v.16 no.8
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    • pp.404-418
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    • 2016
  • This study aimed to explore negative experiences of unwed mothers in interaction with medical professionals, government officials and nursery teachers who have negative stereotypes about the unwed mothers and to seek ways of improving awareness and attitudes of the professionals. Researchers conducted individual and focus groups interviews with 15 unwed mothers. The results showed that unwed mothers experienced the violation of their maternal and privacy rights and inhospitable services in the interaction with medical professionals. They also had similar experiences with government officials who often had overbearing and discriminatory attitudes toward these mothers, and hardly received useful information. Last, unwed mothers had deep concerns about possibilities and experiences of discrimination against their children by nursery teachers and other parents in day care centers. In conclusion, this study discussed ways of improving awareness and attitudes toward unwed mothers through various medias and supplementary educations.

Analysis on the Impact of Knowledge of Personal Information Protection on Their Behaviors in Elementary School (초등학생의 개인정보보호에 관한 지식이 행동에 미치는 영향 분석)

  • Lee, Kyungchan;Kim, Jamee;Lee, Wongyu
    • Journal of The Korean Association of Information Education
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    • v.19 no.3
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    • pp.299-310
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    • 2015
  • This study was conducted with the goal to identify the degree to which elementary school students' knowledge about personal information protection practices impacted their actual behavior with regard to privacy protection. To fulfill this goal, knowledge about personal information protection was set as (1) knowledge about concepts of personal information, (2) knowledge of the rights of information holders, (3) knowledge about the code of conduct for information protection, and (4) awareness of the value of personal information. As for students' behaviors to ensure their personal information protection those were set as their habits to comply with the personal in-formation protection code of conduct and their efforts to respond and recover from any personal information violation. This study was conducted targeting 510 elementary students. The degree of the students' knowledge and their behaviors was measured by first distributing a self-report survey to the students and then analyzing their responses. The results of the analysis revealed the following: First, it was found that there are no differences among the four factors of knowledge and behavior according to the status of their education. Second, the two factors that primarily affected their personal information protection behavior were found to be their awareness of the information protection code of conduct and awareness of the value of personal information. This study holds significance in that it makes suggestions as to how personal protection practices should be taught to public school students.

A Study on the Liability of Information Protection for the Third Party Supply of Personal Information/Focus on Fintech Companies Using OPEN APIs (개인정보의 제3자 제공시 정보보호 관련 법상 책임에 관한 연구/OPEN API 이용 핀테크 기업을 중심으로)

  • Kim, Jo-eun;Kim, In-seok
    • The Journal of Society for e-Business Studies
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    • v.22 no.4
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    • pp.21-38
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    • 2017
  • It is actively opening the market to fintech companies through open platforms, such as financial institutions and public institutions. In this thesis, we will look at the conceptual differences between the "provision of third-party information" and "entrustment" of information protection related laws, such as the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Data Protection Etc (Network Utilization Protection Act). In addition, the legal obligation to provide information regarding the legal rights of information is considered to be relevant, whereas the legal obligation of the private information provided by the company is excessively mitigated, whereas the legal obligation of the company to provide information is excessively mitigated. In addition, I suggest self-diagnosis checklist to help fintech companies improve their privacy levels. It was found that the level of information protection was relatively insufficient compared to the consignees based on the results of a survey conducted for 31 fintech companies. Aggressive use of the checklist is suggested to raise the level of information protection for those companies.

A self-portrait of the information society: An Arguments on the SNS users' Responsibilities

  • Seo, Ran-Sug
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.8
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    • pp.159-172
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    • 2020
  • Social networking services (SNS) are developing significantly with the Internet and smartphones. It's a friendly social media, but if you think deeply about it, you'll find that it has a variety of faces. It is a communication tool between users, a medium for delivering information, an infrastructure for providing applications, and a community where people with common interests gather. In recent years, business tools, shopping and payment methods are also being swallowed. The influence of the spread of SNS on the real world is also expanding, and the work being dealt with from a sociological perspective is also increasing. Also, if you pay attention to the technical aspects of SNS, it is composed of various technical elements, such as infrastructure that handles large-scale access, user interface that supports comfortable use, and big data analysis to understand people's behavior more deeply. However, I usually use it as usual. However, if you look through SNS, you can see that the situation is surprisingly profound and multifaceted. This study began by looking at the history and current status of SNS and attempted to find its status through comparison with other media. From the point of view of relationship with society, it can be a risk and legal issue when using SNS, such as crimes using bad social media or social media. It is also necessary to comment on the activities on SNS or the guidelines established by the operators. Therefore, various legal issues on SNS will be discussed. Also, as an example of using SNS, I will introduce an example of using SNS in disaster response. From a more technical point of view, you will receive commentary on SNS's network-based technology and SNS's information use, and these articles will help you understand and use SNS safely and help you further utilize or develop SNS.

HFN-Based Right Management for IoT Health Data Sharing (IoT 헬스 데이터 공유를 위한 HFN 기반 권한 관리)

  • Kim, Mi-sun;Park, Yongsuk;Seo, Jae-Hyun
    • Smart Media Journal
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    • v.10 no.1
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    • pp.88-98
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    • 2021
  • As blockchain technology has emerged as a security issue for IoT, technology which integrates block chain into IoT is being studied. In this paper is a research concerning token-based IoT service access control technology for data sharing, which propose a possessor focused data sharing technic by using the permissioned blockchain. To share IoT health data, a Hyperledger Fabric Network consisting of three organizations was designed to provide a way to share data by applying different access control policies centered on device owners for different services. In the proposed system, the device owner issues access control tokens with different security levels applied to the participants in the organization, and the token issue information is shared through the distributed ledger of the HFN. In IoT, it is possible to lightweight the access control processing of IoT devices by granting tokens to service requesters who request access to data. Furthmore, by sharing token issuance information among network participants using HFN, the integrity of the token is guaranteed and all network participants can trust the token. The device owners can trust that their data is being used within their authorized rights, and control the collection and use of data.

A Study on Legal Issues of Data Portability and the Direction of Legislative Policy (개인정보 이동권의 법적 이슈와 입법 정책 방향)

  • Yi, Chang-Beom
    • Informatization Policy
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    • v.28 no.4
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    • pp.54-75
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    • 2021
  • The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

A Mixed Method of Gap-jil Behavior in Educational Institutions : Focusing on abuse of authority (통합연구방법을 활용한 교육기관 내 갑질 행태에 관한 연구 : 권한남용을 중심으로)

  • Choi, Sung-Kwang;Choi, Ye-Na;Kim, Ok-Hee
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.4
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    • pp.243-254
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    • 2021
  • This study analyzed the abuse of authority among the types of power abuse in educational institutions in order to create an educational climate in which democracy and equality are respected and to create a better education and an equal society. First, we analyzed the concept and cause of power abuse through literature research, and then explored the cases of members of educational institutions according to the type of abuse of authority through qualitative research to derive implications. As a result, abuse of authority within educational institutions were found as follows: additional work without consultation, transfer of duties, coercive and unilateral instructions using status, instructions violating laws and guidelines, private instructions for personal convenience, specific institutions, personal rights, and privacy. Based on this analysis, a policy was proposed. First, an agreed standard for abuse of authority, an institutional mechanism to mediate conflicts and complaints over abuse of authority, mandatory installation and legislation of the best decision body, active and transparent disclosure of information, and a shift to open and listening administration are needed. Second, analyzing and seeking ways to reduce overuse of authority in educational institutions will be the cornerstone for leading education's democracy and equality by creating a culture of mutual respect and communication among members of the organization. Hope that follow-up studies will be carried out and that the Gap-jil in educational institutions will be reduced to create a better educational environment.

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.