개인정보 보호법과 다른 법률 간의 정합성 연구

• 영문명: A Study on the Consistency between the Personal Information Protection Act and other Laws
• 발행기관: 충북대학교 법학연구소
• 저자명: 이부하
• 간행물 정보: 『과학기술과 법』제14권 제1호, 63~82쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

The consistency between the 「Personal Information Protection Act」 and other laws related to personal information is an issue. It is necessary to investigate the relationship between the 「Personal Information Protection Act」 and the Credit Information Act and between the Personal Information Protection Act and the Location Information Act. As a problem of systematic and consistent support for the protection of the rights and interests of the data subject, it is difficult to confirm the inconsistency of applicable laws and support organizations for rights relief when rights relief is necessary. It is necessary to amend the law on the subject and scope of application of the Personal Information Protection Commission, which has the general supervision of ʻpersonal information protectionʼ. It is necessary to establish a senior supervisory body to perform the role of managing and supervising all workplaces that process personal information. The hierarchical hierarchy of supervisory bodies should be rearranged, and senior supervisory bodies should be set up to separate them by sector. Supervisory body should be performed personal information protection through compliance with personal information protection principles, receipt of reports on personal information infringement notices and handling of complaints, cooperation between personal information processors and consignees, and mutual support and cooperation with the Personal Information Protection Committee. According to the revision of the Credit Information Act, similar or overlapping contents to the 「Personal Information Protection Act」 were changed to apply the 「Personal Information Protection Act」, but there are some differences in the contents of the two laws. While the Credit Information Act includes statistical and industrial research on the use of pseudonymous information, the 「Personal Information Protection Act」 has no explicit regulations, so there is a difference in interpretation. In addition, the reason for obtaining the consent of the information subject under the Credit Information Act, exceptions, and the format of the consent form are stipulated differently from the 「Personal Information Protection Act」, causing confusion. It is difficult to confirm the inconsistency of the applicable law and the organization supporting the relief of rights when remedies are applied. When personal information is leaked to credit information companies, excluding commercial enterprises and corporations, it is stipulated that the Financial Services Commission has jurisdiction. It is necessary to improve the subject and scope of application of the Personal Information Protection Committee, which has the general supervision of ʻpersonal information protectionʼ. In order to resolve the confusion in the application of personal information, the 「Personal Information Protection Act」 should be basically applied, and the Personal Information Protection Committee should perform professional and systematic supervision in each area. After deleting provisions similar to the 「Personal Information Protection Act」 in the Credit Information Act, make the 「Personal Information Protection Act」 apply as the basic law, and stipulate only the provisions requiring exceptions in the Credit Information Act.

목차

Ⅰ. 서론

Ⅱ. 유럽연합 일반개인정보보호 규정

Ⅲ. 개인정보 보호법과 타 법률 간 정합성 고찰

Ⅳ. 결론

키워드

개인정보 보호법 신용정보법 위치정보법 유럽연합 일반 개인정보보호 규정 정합성 Personal Information Protection Act Credit Information Use And Protection Act Act on the Protection and Use of Location Information General Data Protection Regulation Consistency