형사법 영역에서 개인정보 보호법의 의미와 역할 - 양 법영역의 체계정합성 증진을 위한 방안마련 -

Abstract

In the above, the relationship between the Personal Information Protection Act and the Criminal Act has been examined focusing on several issues. The legislator's attempt to comprehensively capture a lot of content in order for the Personal Information Protection Act to faithfully fulfill its role as a general law on personal information seems to be worth it. However, these attempts faced the problem of lack of systematic consistency as they tried to cover as much as possible by following the standards of foreign or international organizations without sufficient review of other legislation related to personal information. The Personal Information Protection Act is an individual law and a special law for the constitution and criminal law, but it is a general law in relation to other personal information protection laws. However, in this complex system, the Personal Information Protection Act does not seem to have fully revealed its value of existence. In order for the Personal Information Protection Act to further establish its status, it is first necessary to deeply seek the meaning of the right to self-determination of personal information recognized by the Constitution. Personal information should be strictly protected because it is a key means of realizing the personality of the data subject, but it has the nature of public goods to enhance the usefulness of society and also as a property whose price is determined in the market. It should also be revealed what it means to realize one’s right to selfdetermination of personal information through the consent of the data subject, and furthermore, it should also be examined what the meaning of the child’s right to self-determination of personal information is and how it should be realized.