정보 프라이버시와 개인정보의 보호 - 개인정보보호기본법안을 중심으로 -

• 영문명: Information Privacy and the Protection of Personal Information - Focusing on Framework Act on the Protection of Personal Information -
• 발행기관: 세계헌법학회 한국학회
• 저자명: 서계원(Suh Kye Won)
• 간행물 정보: 『세계헌법연구』세계헌법연구 제11권 제1호, 195~232쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

One of the most predominant theories of privacy is that of control over personal information. Personal Information refers to “the whole information of a human being to recognize his/her identity.” “Information privacy” is the term theorists use to discuss the privacy implications of the collection, use, and disclosure of personal information. It is often described that the privacy problem created by the collection and use of personal information through computer databases and the Internet with the metaphor of Big Brother-the totalitarian government portrayed in George Orwell's Nineteen Eighty-Four. Privacy law has developed with this paradigm in mind, and consequently, it has failed to grapple effectively with the database problem. Professor Solove argues that the problem is better captured by Franz Kafka’s The Trial. Understood with the Kafka metaphor, the problem is the powerlessness, vulnerability, and dehumanization created by the assembly of dossiers of personal information where individuals lack any meaningful form of participation in the collection and use of their information. Therefore, conceptualizing the problem with the Kafka metaphor has profound implications both for the law of information privacy and for choosing legal approaches to solve the problem. The Constitution of the Republic of Korea provides for the protection of the privacy and liberty of one's personal life. Article 17 states that all citizens shall enjoy inviolable right to privacy. It purports to ensure every citizen the right to control and determine one's own personal information. The personal information protection system in Korea is mainly divided into the public and private sectors. For the public sector, there is 「Act on the Protection of Personal Information Maintained by Public Agencies」 as a general law. On the other hand, the private sector is primarily covered by 「Act on Promotion of the Information and Communications Network Utilization & Information Protection」; and sectoral laws such as 「Use and Protection of Credit Information Act」, 「Protection of Communication Secrets Act」 etc. supplement 「Act on Promotion of the Information and Communications Network Utilization & Information Protection」 in covering the private sector. At present, even though there are a wide range of current particular laws on personal information protection, their application scopes and legal effects are beyond the demand of our society. These legislations have many problems on application scope, principle of clearness of norms, protection of rights of the involved person, external control of effective protection of personal information, etc. Recently, Bill of the Act on the Protection of Personal Information was suggested by Mr. Roh. The Act is a general law on personal information protection, which comprises both public sector and private sector. This article first differentiates information privacy from other types of privacy, then surveys laws protecting personal information in various advanced countries located throughout Europe, USA, Japan and Korea and proposes the direction for the desirable enactment to protect personal information in Korea, specially focusing on Bill of the Act on the Protection of Personal Information.

목차

Ⅰ. 서론

Ⅱ. 정보 프라이버시로서의 개인정보

Ⅲ. 정보 프라이버시의 보호

Ⅳ. 개인정보보호기본법안의 검토

Ⅴ. 결론

ABSTRACT

參考文獻