• Title/Summary/Keyword: right to information

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A Case Study for Improvement of Users' Right to Informational self-determination: Focusing on the GDPR of EU and the CCPA of California, USA (국내 기업의 개인정보 자기결정권 강화를 위한 논의: EU의 GDPR과 미국 캘리포니아주의 CCPA를 중심으로)

  • Yoon, Young-Ho;Yoon, Hyun Shik
    • The Journal of Information Systems
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    • v.28 no.4
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    • pp.65-103
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    • 2019
  • Purpose The purpose of this study is to find out in extent to which the companies in Korea and oversea, which has been subjected by different laws of their country, have guaranteed the personal information rights and have provided proper 'right to access' to the information subjects. Design/methodology/approach This study compared Korean laws with 'General Data Protection Regulation (GDPR)' of EU and 'California Consumer Privacy Act (CCPA)' to check each of the level of 'right to access' guarantee. In terms of the difference in guaranteeing the right, this study compared Korean IT leading companies with US global leading IT companies to find out how much 'right to access' are properly implemented in their policies and functions they provide. Findings The result of the study shows that 'right to access' has not been well guaranteed by Korean law, as it does not provide the right to choose method and medium by information subjects and does not clarify the types of diverse information. This was clearly opposite with the other laws providing the right to choose what method and medium that subjects want with clarifying every types of personal information possible to be more. In addition, 'right to access' has not been well guaranteed by Korean companies in comparison with by the oversea companies which proactively guarantee the right by setting the function enabling subjects to browse their information through their websites or applications.

A Study on the right to be forgotten in Digital Information Societies

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.10
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    • pp.151-157
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    • 2017
  • In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

A Study on the Improvement of the Unconditional Right to Informational Self-Access Based on the Status of Domestic and Foreign Legislation and It's Application to Domestic Corporations (무조건적 자기정보접근권 부여에 대한 국내외 규제현황 및 사례분석을 통한 개선방안 연구)

  • Bae, Jin-ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.3
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    • pp.591-605
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    • 2017
  • The right to informational self-determination refers to the constitutional right for an individual, which is approved by the constitutional court, to decide what contents the collected information comprises and to control the circulation of information relation to oneself. It contains claim for inspection of personal information(The right to informational self-access) as a right for individual to review information of current state and processing history which information holders have. To assure the right to informational self-access, individual must be notified of the processing history of information by information holders regardless of individual's request(The unconditional right to informational self-access). This study will analyse current status of domestic and foreign legislation and global regulation which are related to the unconditional right to informational self-access. In addition, the action of domestic corporations will be introduced. Finally, it will be concluded with relevant problems and solutions to solve the problems.

The Correlation Between The Right To Medical Secrecy And The Employer's Right To Receive Information On The Employee's Health State

  • Yuryk, Olha;Stashkevich, Anatoly;Chornyi, Ruslan;Chorna, Zhanna;Kronivets, Tеtiana;Valakh, Viktoriia
    • International Journal of Computer Science & Network Security
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    • v.21 no.7
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    • pp.103-107
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    • 2021
  • The article analyzes the theoretical aspects of the relationship between the right to medical secrecy and the employer's right to receive information on the employee's state of health, resulting in a more complete description of the implementation of the right to medical secrecy and the employer's right to information on the employee's health state and the possibilities of protecting violated rights. The limits of permissible restrictions on the right to secrecy of health in terms of ensuring the person's performance of their job function have been clarified.

A Comparative Study on the Right to Know Industrial Health Information among Workers (노동자의 산업보건정보에 대한 알 권리의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.2
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    • pp.89-101
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    • 2022
  • Objectives: By comparing and examining how important issues concerning industrial health information for workers are viewed in other advanced countries, it is intended to ascertain problems in the approach found in Korean legislation and obtain legal and policy implications. Methods: The results of a survey were introduced and analyzed through a comparative method for each case after investigating in detail what and how important issues surrounding workers' right to know industrial health information are reflected in the legislation of Germany, the U.S., the U.K., and Japan. Based on the results of this comparative analysis, theoretical and policy implications and legal policy improvement tasks were drawn to strengthen workers' right to industrial health information for each case in Korea. Results: For access to industrial health information, most of the other advanced countries clearly stipulate a right to access for current and past workers and/or their representatives. As a result, workers or their representatives do not need to use the Information Disclosure Act to access exposure records, and there is no debate over the Information Disclosure Act. In other words, industrial health information is focused on ensuring free access to workers or their representatives and is not interested in reporting it to the government. Conclusions: In order to strengthen workers' right to know about industrial health, it is most important to address the legal issues related to this right, which is considered insufficient by comparative law. This should start with a concrete and effective definition of what and how to guarantee workers' rights to industrial health, such as the right to freely access industrial health information, including for retired workers and bereaved families of deceased workers.

Economic Valuation of the Right to be Forgotten (잊힐 권리의 경제적 가치 추정 연구)

  • Lee, Mi-Suk;Cho, Young-Sang
    • Informatization Policy
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    • v.25 no.2
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    • pp.84-96
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    • 2018
  • The right to be forgotten means the right of people to request information and communication providers to delete their information online. As the number of people asking for deletion of their past embarrassing or negative online activities is increasing, discussions are being raised on the introduction of the right to be forgotten in South Korea. However, previous research on the right to be forgotten mainly deals with the legal concept, with insufficient consideration of economic value. The main purpose of this research is to examine social perception towards the right to be forgotten and to estimate its economic value quantitatively. According to the results, there are concerns about disclosure of personal information, but with lack of awareness on the right to be forgotten. The monthly average amount that a person is willing to pay to be forgotten is 1,218 Korean won (11 US dollars) and the total economic value is estimated to be about 540 billion won (490 million dollars) per year in 2017. Especially, those who have experienced leakage of personal information put higher value to the right to be forgotten. These results can be useful for making decisions about the right to be forgotten in the future.

A Study of the Method for Building up 3D Right Objects

  • Lee, Woo-Jin;Suh, Yong-Cheol
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.33 no.6
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    • pp.527-536
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    • 2015
  • Recently, the demand for three-dimensional spatial information has continuously been increasing, and especially, studies of indoor/outdoor spatial information or data construction have actively been conducted. However, utilization of spatial information does not universally spread to the private sector, but it is mostly used for the government offices. Thus, this study deals with the creation of three-dimensional right objects and the technique of expression to further vitalize the private sector, three-dimensional right objects, aiming to create and express three-dimensional right spaces in a particular system or open platform more conveniently. Unlike a plane text or apartment building used in existing maps was iconified and displayed simply, this study proposes a method of extracting data from the outer border of the building by the relevant level based on the existing structured three-dimensional building, a method of providing two-dimensional right spatial objects in XML, and expressing them as three-dimensional right objects efficiently. In addition, this study will discuss a method of creating right objects in a way in which an owner who was provided with a cross section of a building involves the direct detailed right objects in additional production or reproduction to utilize three-dimensional data (right objects) produced through this study.

Trend of Dispute on the Right to Be Forgotten and Acceptance Task of Internet Laws in Korea (잊혀질 권리의 논의 동향과 우리나라 인터넷 법제의 수용과제)

  • Chung, Sang-Ki;Kim, Kyung-Yeol
    • Journal of Information Technology Services
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    • v.12 no.1
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    • pp.131-141
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    • 2013
  • Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

SPA-Resistant Signed Left-to-Right Receding Method (단순전력분석에 안전한 Signed Left-to-Right 리코딩 방법)

  • Han, Dong-Guk;Kim, Tae-Hyun;Kim, Ho-Won;Lim, Jong-In;Kim, Sung-Kyoung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.17 no.1
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    • pp.127-132
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    • 2007
  • This paper proposed receding methods for a radix-${\gamma}$ representation of the secret scalar which are resistant to SPA. Unlike existing receding method, these receding methods are left-to-right so they can be interleaved with a left-to-right scalar multiplication, removing the need to store both the scalar and its receding. Hence, these left-to-right methods are suitable for implementing on memory limited devices such as smart cards and sensor nodes

A Study on Direction of the Electronic Government: with Focused on Freedom of Information

  • Kim, Taek
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.10
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    • pp.113-119
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    • 2015
  • In this paper, we propose an efficient freedom of information and Information access right which improves transparent and speedy administration process. To build open Information, we scrutinize that causes of non access right and change of civil service consciousness, attitude for open information by effectively open system circumstances. The Important thing is basic information that is available to the public through an agency's FOIA Reference Guide, all agencies must notify potential FOIA requesters of the formal rules and requirements for the making and handling of FOIA request, through their FOIA regulations. The characteristics of this paper focused on Information access right, causes of non access right and proposed policy. In this paper, The author emphasize are as follows: first, to examine freedom of information' necessity and problem that scrutinize a theoretic analysis, second, to understand civil servant's attitude for the freedom of information, third, to suggest action plan and agenda for the better of Good Governance and Democracy of information.