• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.117-143
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• 2010

Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

• Journal of Convergence for Information Technology
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• v.11 no.12
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• pp.1-13
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• 2021

This study tried to suggest ways to improve the indicator system to strengthen the personal information protection. For this purpose, the components of indicator system are derived through domestic and foreign literature, and it was selected as main the diagnostic indicators through FGI/Delphi analysis for personal information protection experts and a survey for personal information protection officers of public institutions. As like this, this study was intended to derive an inspection standard that can be reflected as a separate index system for personal information protection, by classifying the specific IT technologies of the 4th industrial revolution, such as big data, cloud, Internet of Things, and artificial intelligence. As a result, from the planning and design stage of specific technologies, the check items for applying the PbD principle, pseudonymous information processing and de-identification measures were selected as 2 common indicators. And the checklists were consisted 2 items related Big data, 5 items related Cloud service, 5 items related IoT, and 4 items related AI. Accordingly, this study expects to be an institutional device to respond to new technological changes for the continuous development of the personal information management level diagnosis system in the future.

• Journal of Convergence for Information Technology
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• v.11 no.3
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• pp.20-33
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• 2021

This study is to suggest improvements of personal information protection in South Korea, according to requiring the safety of process and protection of personal information. Accordingly, based on data collection and analysis through literature research, this study derived the issues and suitable standards of personal information for major artificial intelligence services. In addition, this cases studies were reviewed, focusing on the legal compliance and porcessing compliance for personal information proection in major countries. And it suggested the improvement plan applied in South Korea. As the results, in legal compliance, it is required reorganization of related laws, responsibility and compliance to develop and provide AI, and operation of risk management for personal information protection laws in AI services. In terms of processing compliance, first, in pre-processing and refining, it is necessary to standardize data set reference models, control data set quality, and voluntarily label AI applications. Second, in development and utilization of algorithm, it is need to establish and apply a clear regulation of the algorithm. As such, South Korea should apply suitable improvement tasks for personal information protection of safe AI service.

• 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 the Korea Society of Computer and Information
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• v.20 no.7
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• pp.109-114
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• 2015

With the realization that the police's personal information gathering activities can violate the authority to decide one's information guaranteed by the Constitution, many people are interested in the legal terms of the police's information gathering and handling. The police's personal information gathering activities imply both the purpose of public welfare and order and the risk of violation of basic rights of citizens, their effective balance is critical. In this respect, this study reviews the principle of proportion as a principle of control of personal information gathering and handling (police intelligence activities) by state to discuss its implications on legislation.

• 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.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.23 no.2
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• pp.15-20
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• 2023

Recently, digitalization is accelerating in all industries, and the use of information and personal information produced and used in the process of it is very important for the success or failure of a company. However, malicious attempts to steal or leak major information and personal information of a company as an adverse effect continue to increase, and appropriate defense and response are absolutely necessary. However, in the case of small and medium-sized enterprises, the priority of information protection and the possession of professional manpower are very insufficient compared to large enterprises. This paper studies the certification and audit implemented in Korea, and suggests ways to expand the certification of the information protection system suitable for SMEs and improve the effectiveness of the support system through the expansion of the privacy law notification standard and operation of support system.

• Electronics and Telecommunications Trends
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• v.35 no.6
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• pp.88-96
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• 2020

As the usability and value of personal information increase, the importance of privacy protection has increased. In Korea, the scope of the use of pseudonymized personal information has increased because of revisions to the law. In the past, security technologies were used to safely store and manage personal information, but now, security technologies focused on usability are needed to safely use personal information. In this paper, we look at issues related to the de-identification and re-identification of personal information. Moreover, we examine the standards and techniques related to the de-identification of personal information.

• 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.

• KIPS Transactions on Computer and Communication Systems
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• v.11 no.11
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• pp.395-402
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• 2022

In case of violation of the Personal Information Protection Act, administrative dispositions will be taken according to the legal standards, and the results will be announced. However, the current method has limitations in its effectiveness as repeated administrative dispositions are increasing despite the announcement by the disclosure system of the Personal Information Protection Act. In this paper, we deploy the introduction of the 'public announcement commandment' against violators by analyzing the administrative disposition results according to the violation of the Personal Information Protection Act. It is able to strengthen the existing disclosure system for self-disclose violations by providing easy recognition to the people about the fact of violation itself against the Personal Information Protection Act. Furthermore, we analyze major industries through the industry groups and violations of laws that were subject to publication, and data published on the results of administrative dispositions for violation of the Personal Information Protection Act. Finally, we propose the legal basis for the 'public announcement commandment' which allows the violator to publish by oneself for the announcement of the fact that the corrective action has been taken.