대물적 강제처분과 개인정보보호: 전자정보 압수·수색 제도의 개선방안을 중심으로

Abstract

The improvement of the system of the search and seizure of electronically stored information presents important legislative and interpretative tasks from the perspective of the criminal procedure. It is necessary to develop the principles and systems related to privacy protection into practical principles that control the legality of seizure and search of digital evidence, in view of determining the proper scope of information control between the government and the private sector. In this paper, the policy suggestions for system of the seizure and search were reviewed in view of the collection and use of electronic information, the deletion and blocking of electronic information, the suspension of electronic information processing, and the means of relief against infringement. More specifically, this paper argues for the guarantee of the right to copy warrants, right to participate in searches and seizures of third parties, the obligations to delete and discard non-responsive data, the suspension of execution in appeals, and a warrant appeal system.