행정정보 공동이용 법제의 개인정보보호 정합성 연구

Abstract

Public administration could by all means be defined as superintendence of governmental function under the official prestige of administrative agency and it is suggested that the legal order must have normal standards effective to the change in public administration environment due to information technology. Moreover an independent nation tend to nowadays expand the range of regulating and adjusting social life to realize the constitutional ideology of welfare state. From the viewpoint of such legislative conditions, there should be satisfied with systemic foundation, democratic procedure, and customer-centered policy in public administration. And also personal data protection as well as security management will be the core limitations crucial to E-government. As everyone knows, personal data protection, that is to say guarantee of information privacy, is bound to contradict the utilization of administrative information including personal data of data subject. Resultingly should the illegality be relatively reviewed the utilization of administrative information to serve the common good without infringement of information privacy. In EGA(Electronic Government Act), legislative system of administrative information co-using must be the interface between beforehand prevention and post-factum remedies of infringement of information privacy. In other words, it is necessary to collect personal data enough almost to meet the demand of utilization administrative information for E-government for public interests. So then EGA is enacted by the provisions allowing for beforehand prevention and post-factum remedies of infringement of information privacy. The probability is that the legal value of administrative information co-using will conflict with that of information privacy of data subject and intensify the ideological conflict most of all. Consequently speaking, it is essential for regulations on the co-used bounds of administrative information to be prescribed substantially to abide by ‘statute reservation principle’ or ‘rule of law’ in EGA. Besides will the supplementation for consent acquisition procedure and administrative control system be the matters calling for prior settlement and amendment cornerstone to stabilize the laws and regulations related to EGA by organic mediation of information-related legislations tuned to Personal Data Protection Act.