형사사법 분야에서 개인정보의 관리·이용 및 보호의 문제 - 형사사법관련 개별정보법의 법률정합성을 중심으로 -

Abstract

Act on the protection of personal information is a turning point to protect individuals' information which has not been properly regulated in other laws. Considering the nature of information, it is necessary to deliberate the balance between protection and utilization of information in interpretation and application of the act. In addition, the consistency between the act and other related laws or regulations is important factor to interpret and apply the act. Criminal justice information has dualism: the information as privacy and as big data used by criminal justice institutes. It should be not only protected to secure privacy but also used and shared to build information society. Criminal justice information such as criminal record is important for related public agencies to investigate criminals, maintain public prosecution and judge criminals. For these reasons it is digitalized and distributed through integrated systems. This paper compares Personal Information Protection Act with other laws in order to examine consistency or coherence between them. It examines whether the existing separate laws regulating the usage of personal information comply with the principles and standards in the act or not. In conclusion, the act regulates that it should be minimized to use personal information even when being agreed. For this reason, the possession or use of personal information without agreement should be strictly restrained or prohibited. Other laws related to criminal investigation, meanwhile, allow public agencies to use personal information such as criminal record without agreement. Considering the consistency with the act, the proper and deliberate execution of public agencies is strongly emphasized.