지능형 도로환경에서의 위치추적과 프라이버시 보호 - 미국의 최근 판례를 소재로 하여 -

Abstract

The relationship between privacy and ITS(especially, location tracking system) is reciprocal. Privacy will, without doubt, be affected by ITS(Intelligent Transportation Systems). But ITS(GPS) will also be affected by concerns about privacy. This circular relationship between privacy issues and ITS(GPS), is complicated by the fact that neither privacy nor ITS(GPS) is simple or static. There is evidence that privacy law in Korea is undergoing a paradigm shift in response to data collection by new technologies, and the privacy concerns raised by the deployment of ITS(GPS) are just one of the factors giving rise to a movement towards a stricter, or at least more comprehensive, privacy regime. 65)1)This article will explore some of the interesting interactions between privacy and GPS. It will begin by sketching the outlines of GPS technologies and will then consider the nature of privacy concerns about ITS(GPS), followed by a discussion of ITS concerns about privacy and privacy related laws potentially applicable to ITS(GPS). Protecting privacy should enhance the effectiveness, as well as the acceptance, of the intelligent roadway systems which will weave together tomorrow's surface roadway infrastructure. Strategic privacy regime reform needs to take place at all levels of government to overcome these obstacles. This reform should create guidelines for the managing of ITS information and data practices which maximizes the benefit of developing ITS(GPS) technologies while also providing uniform protections for citizens' privacy interests. Policymakers considering what to do about privacy and ITS(GPS) will likely seek to balance privacy against other individual and societal interests in deciding how to respond to privacy concerns. The simple idea that the future of ITS depends in no small part on proper respect for the privacy of ITS users is a starting point from which to begin to understand some of the relationships which bind together ITS(GPS) and privacy. Insistence on respect for individuality and personal choice will be among the great benefits which privacy and privacy law will contribute to the successful development and operation of ITS(GPS).