전자네트워크사회의 개인정보보호

• 발행기관: 한국인터넷법학회
• 저자명: 정준현
• 간행물 정보: 『인터넷법연구』제2호, 161~204쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.04.01

영문 초록

Facing the enormous increase of the use of the internet, it can not be overemphasized to protect personality from the abuse of the private information. It is well known that the illegal outflow of the personal infonnation is committed by hacking or cracking. But hacking or cracking is not the only way of the steal of the personal information. The newly emerging IT-high techs that can be used for the same purpose are "cookies", "chip ID", "profiling" or "matching program of the resident registration number". And those that can commit the subtle crime are called "Big Browsers". They are different from the hackers or the crackers. They don't crack the system. They don't always steal the private information directly. Sometimes they colleCt or survey the personal information through some deeply hidden way. Most of the illegal actions by the "Big Browsers" are done by the web site managers or the web site companies. For example they gather personal information in a statistical way without any permission or without any notice. And they conclude each person's preference. The way that rhey use for their purpose is hidden and so subtle it's not easy for each persons to notice that their transferred data was used to analyze their own preference. But we must also protect our market autonomy. So it is urgent to analyze the personal information abuse trend and then to set up legislative and political policies to keep the human Dignity and Value in this internet sOClery, considering the positive and the negative roles of the state. For this purpose the followings are investigated and studied: the changes of circumstances in IT and the changes of the social and economical trend; the function of "cookies" and it's role in profiling; the meaning of the Privacy and the Right of the self-decision on the personal dara; the current domestic and foreign laws aboUt the personal information protection; and the political and legislative Alternatives. After these investigations and studying the followings are also suggested to solve the problem. First, the accumulation of the personal data should not be permitted without any notice or any full informed consent. Secondly, any personal activities marked on the web(elecrronic prints; digital DNA) should be stipulated within the legally permitted scope and the web should give him(her) a chance to access them. Finally as for the "opt-in cookies" and "opt-our cookies", the web site manager should let the visitors of his site know his policy of the cookies with full information and let them choose between "opt-in" and "opt-out".

목차

1. 처음에

2. 전자네트워크사회와 개인정보수집의 특색 등

3. 네트워크시대의 (개인정보)자기결정권

4. 개인정보보호를 위한 국내법제의 정비현황

5. 맺는말

참고문헌

Abstract