외국의 개인정보보호법제와 감독기구에 대한 고찰－ 미국, 캐나다, 호주를 중심으로 －

Abstract

The United States and Canada as a federal state has such laws on protection of personal data, which are separated from each other on each public and non-public agencies. In contrast, Australia has a law for the protection of personal data, which is jointly applicable to both public as well as private parties. In these states, even those different national laws for the protection of personal data, which of course in the context of the countries concerned shall apply in addition to federal law. For these reasons is to say that their legal systems for data protection reasonably characterize by such complexity. In addition, see the US, unlike Canada and Australia, according to the industrial sector any different laws related to the protection of personal data use. Finally, these deviations of the data protection regulatory systems in the US, Canada and Australia act accordingly, as described in the personal data and their legal protection is understood in the public and non-public bodies. Furthermore, can be set up which is permanent supervisory body, which is of course responsible for the protection of personal data and this controlled independently in Canada and Australia. By contrast, no independent supervisory body should be set up in the United States; the protection of personal data according to individual area. Here, the differing legislative or control for the protection of personal data according to the individual area in the United States on the one hand lead to prevent that data protection is constantly and consistently perform; this legal situation may still other hand, be understood in that the control system is on data protection in the United States rather based on the fact ensured, for example, the free movement of such data in the context of non-public bodies and the characteristics and nature of relevant region to be guaranteed. Finally, the regulatory system relating to data protection in the United States may indeed be used, taking into account individual industrial sector and hence also its proportionate control of appropriate and flexible design privacy related legal norms.