개인정보보호 관련법의 해석에 있어서 이익형량론과 일반적 이익형량 규정의 필요성에 관한 고찰

Abstract

In the emerging data-driven economy, human beings are the focal point through which all technologies and services are connected. Creation of added values and diverse social values originate in the data on human activities or the multi-faceted environments surrounding humans. This trend underlines the importance of the value of data. Of these, personal data󰡈either connected or related to humans󰡈will likely take on the most significant value. This is where the importance of legislations regulating personal data comes in. As the influence of personal information grows in the data-driven economy, so also the interpretive gap on personal information protection widens, depending on the position and viewpoint thereon, calling for the reconciliation of the two conflicting interests. In a data-driven economy, personal information is neither something to be entirely protected nor something to be entirely utilized. It is inevitable that efforts should be made to harmonize personal information protection and utilization. To this end, the following steps are to be taken: (a) clearly define the purpose and basic ideals of the laws protecting personal data; (b) reasonably interpret the laws on personal information protection by accurately reflecting the social demand; and (c) in the event the current laws are too strict for any reasonable interpretation, consider inserting a new interest-balancing provision so as to adjust the conflicting interests. This article intends to examine the following: (a) major issues of personal information protection laws and the need for the balancing of interests; (b) the concept and legal nature of personal information; (c) the purpose and regulatory direction of personal information protection laws; (d) the need for an interest-balancing theory; and (e) the need to introduce a general provision on interest-balancing from a legislative perspective. In conclusion, this article argues for the need to utilize an interest-balancing theory allowing for the reasonable and adequate interpretation of personal information protection laws consistent with their inherent goal of reconciling the protection and processing of personal information, as well as arguing for the legislative need to introduce a general statutory provision on interest-balancing.