폴리스캠ㆍ드론 활용에 따른 공공부문 개인영상정보 규율체계 방향

Abstract

With the use of police cams and drones in the public sector, the protection of personal video information is urgent. The current Personal Information Protection Act does not separately regulate personal video information by mobile video recording devices. It is regulated in Article 15, which is a general provision of personal information collection and use. So, a very broad interpretation is applied that the scope of use of police cams and drones is that ‘public agencies perform jurisdiction prescribed by laws and regulations.’ For this reason, the nation's national surveillance society is concerned, or it leads to a problem that violates the principles of clarity and purpose. Moreover, the rules of operation for police cams and drones are only internally ordered by the National Police Agency, and there is no basis for their use in law. The principle of retention of laws regarding the limitation of the right to self-determination of personal information is not observed. In addition, the information subject does not know when his video information is collected on the suddenly appearing photographing device, and thus the transparency of collection and use is not secured. In particular, it is required to maintain the original video information and a strict storage system. It is also a concern that the field of the public sector will be an environment to properly implement this. This study discussed regulatory system and legislative measure to improve the problems of personal video information regulation in mobile devices in the public sector. First, as a principle of personal information protection, when processing personal video information, it is necessary to additionally specify ‘easiness of recognition of the recording facts’ and ‘video originality’. Second, the regulations for personal video information must be made into a ‘unified’ personal information protection system by adding regulations to the ‘Personal Information Protection Act’. Third, the Personal Information Protection Act clearly defines the ‘concept of personal video information’ and separates video recording devices into fixed and mobile types, and sets personal video information collection rules. Fourth, in the Personal Information Protection Act, the scope of use of mobile recording devices should be specified as prevention and suppression and investigation of crime, and protection of people's life and body. Lastly, it is necessary to undergo a personal information impact assessment for mobile video imaging devices used in the public sector.