긴급구조 목적의 위치정보 활용에 관한 법적 쟁점

Abstract

Nowadays the importance of personal location information is on the rise, because it is utilized in industry area of LBS(location based service). By means of information technology, location data has been the principal factor of various ubiquitous services under public and private environment. On the other hand, personal location information is personal data related to information privacy as fundamental human rights. It is also reflected on the statute, 「Act on the Protection, Use, etc. of Location Data(APULD)」 legislated to protect privacy from the leakage, abuse and misuse of location data, promote a safe environment for using location data and activate the use of location data. Above all, APULD was revised to do with the emergent situation. Also, investigative agencies want to use personal location information in their investigation according to the legislations. Therefore, this article focuses on the problem as regards the utilization of personal location information in emergency rescue and improvement of location accuracy for the purpose of emergent relief and investigation. In this viewpoint, this article inquires jurisprudential review of the status quo debate on theoretical access to the legal argument of establishment and action and policy approach to the key issues in the direction of the framework of utilizing location data on the basis of APULD. Consequently, the availability of personal location information should be raised in emergency rescue on behalf of avoiding the dysfunctions of the information society and facilitating right remedies, being accompanied by specific legislative and policy responses in due process. Meanwhile, the leakage, abuse and misuse of the location data should be constrained to strengthen information privacy of location data subject under the control of the required condition and due process the court should be improved.