통신사실확인자료 제공제도의 현황 및 개선방안

Abstract

A number of legislative measures are taking place to assure basic human rightsincluding freedom of communication secret and privacy as guaranteed in theconstitution. Typical among them in connection with data of communication secretare communication restriction measure, provision system of data to provecommunication facts under Protection of Communications Secret Act and provisionsystem of communication data under Telecommunications Business Act. Despite thecountry's rapid development and shift of communication environment, there has beenneglected management of individual privacy or personal information, resulting inpeople's ever-increased concern with self-determination right of personalinformation. Compared with provision system of communication data, provision system of datato prove communication facts can be assessed as seriously infringing on basic humanrights and as a result, it has been operated through control of courts like the case of communication restriction measures and urged to follow a number of regulationsrelated with those restriction measures. According to press release of the Ministryof Science, ICT & Future Planning, as of 2012, there were 239,308 cases ofcooperating with provision of data to prove communication facts, while there wereonly 447 cases of cooperating with communication restriction measures, illustratingincomparable gap between them from the perspective of system operation. Given the present operating state of provision system of data to provecommunication facts as such, it is high time for us to discuss its detailed contentsand improvement measures in terms of policies. Building on this view, this studyfirst examines the present state of provision of data to prove communication factsincluding procedure of provision of data to prove communication facts, number oftelephone (or ID) compared with that of document by the organization. Then, asconclusion, the study suggests issues and improvement measures, focused onwhether location information to be included in data to prove communication facts;improvement measures of notice procedure of provision of data to provecommunication facts; methods to request provision of data to prove communicationfacts; provision of received communication details out of data to prove communicationfacts.