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빅데이터와 개인정보

Big Data and Personal Information

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주제분류법학

초록

Big Data, which arises as new growth power, contributes to promote public interest or to reinforce competitive power of industry. To contrary, Big Data inevitably accompanies with a side effect because it needs collecting or using personal information. Its special features could bring new problem or deepen the previous problem in the area of personal information protection. One of the problems is the ‘profiling’ issue. This paper deals with what is a special problem related with Big Data under the applicable laws, and the foreign trend of legislation. And this tries to suggest reasonable reform plan of personal information protection laws. The reform should include the followings: (1) clarifying the definition of personal information, (2) declaration of right to object to profiling, (3) duty of notice, (4) regulation by stages, (5) improvement of certification system, (6) provision of “separation principle”. (7) reforming period of time to keep personal information, (8) unity of governance, etc. In conclusion, personal information protection laws should keep balance between development of Big Data and protection of personal information.

Abstract

Big Data, which arises as new growth power, contributes to promote public interest or to reinforce competitive power of industry. To contrary, Big Data inevitably accompanies with a side effect because it needs collecting or using personal information. Its special features could bring new problem or deepen the previous problem in the area of personal information protection. One of the problems is the ‘profiling’ issue. This paper deals with what is a special problem related with Big Data under the applicable laws, and the foreign trend of legislation. And this tries to suggest reasonable reform plan of personal information protection laws. The reform should include the followings: (1) clarifying the definition of personal information, (2) declaration of right to object to profiling, (3) duty of notice, (4) regulation by stages, (5) improvement of certification system, (6) provision of “separation principle”. (7) reforming period of time to keep personal information, (8) unity of governance, etc. In conclusion, personal information protection laws should keep balance between development of Big Data and protection of personal information.

참고문헌 (7)

  1. 안창원, "빅 데이터 기술과 주요 이슈", 정보과학회지, 30(6) (2011)
  2. "Big data: The next frontier for innovation, competition and productivity" (2011)[URL]
  3. "Extracting Value from Chaos" (2011)[URL]
  4. Doug Laney, "3D Data Management: Controlling Data Volume, Velocity, and Variety" (2001), META Group
  5. 최경진, "개인정보 국외이전에 관한 합리적인 법제 개선방안", 개인정보보호 법제정비 연구포럼 토론회(201212.7.) 자료집, pp.55~75, 방송통신위원회
  6. 김일환, "개인정보의 보호와 이용법제의 분석을 위한 헌법상 고찰", 헌법학연구, 17(2), pp.353~389 (2011), 한국헌법학회
  7. 김민호, "정보사회에서 주민등록제도와 개인식별번호체계의 공법적 쟁점", 공법연구, 40(1), pp.357~387 (2011), 한국공법학회

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