개인정보처리자에 관한 연구

Abstract

「Personal Information Protection Act」(PIPA) integrating both public and private sector’s personal data protection is in force. Although illegal to collect other personal informations is still rampant. But rather to be displeased because of overdone administrative penalties according to law enforcement. Companies complain that they are interrupted the normal business activities and develop new services because of excessive regulations of PIPA. In many scholars’ opinion, the most significant cause of gap between regulation and practice is that the concept of ‘personal Information’ is too vague and broad. So the argument for redefining the definition of personal information continues to be raised. These claims are usually an attempt to refine the deference concepts between privacy and personal information, and to modify ‘identity’which is the core concept of the personal information. However, these discussions have all logical and legislative theoretical limit. In conclusion personal information is defined as all information relating to the individual. On the purpose that the current PIPA is to overcome the ambiguity and broad concept of the personal information and eliminate the gap between the law, legislator created the concept of ‘Personal Information File’and ‘Data Controller'. The reason why the Personal Information File was defined specially at PIPA is excluded Simple Data Controller except manager of Personal Information File from the application of the PIPA. And also the using the concept of Data Controller is same purpose. However, in spite of this legislative intent the current PIPA mistakes again. Because the PIPA defined Data Controller to not ‘....... to operate the personal information file ...’ but ‘..... likely to operate a personal information file....’any personal information controller in order to make file is likely treated by Data Controller of the PIPA. Therefore, for adjusting legislative intent the current PIPA has to revise form ‘..... likely to operate a personal information file...’ to ‘....... to operate the personal information file ...’. In addition, the current PIPA should revise several clauses including enforcement, penalties, and fines imposed on the administrative agency through studying on the cause of gap between regulation and practice of the current PIPA.