개인정보자기결정권과 공개된 개인정보의영리목적 활용

Abstract

With the development of information technology, it has become easier for companies to process customer personal information, and such personal information plays a big role in the profit-making of enterprises. As such, the progress of the information society increases the need for personal information protection on one hand, while the need for the use of personal information on the other is also growing. As a result, there are frequent instances where the need for protection and use of personal information conflicts. Target decisions also conflict between the need for companies to use their personal information and the need to protect the privacy of the information subjects. In particular, the target judgment is meaningful in that it is the first time that the act of collecting and providing personal information that has already been disclosed without the consent of the information subjects presented a judgment criterion on whether the act of collecting and providing the information for profit infringes on the right to personal information self-determination of the information subjects. However, the decision on the subject is not a reasonable conclusion in the following respects - ① concerns about misuse and abuse of personal information, ② infringement of the property interests of the information subjects, ③ excessive interpretation of information subject's intention, ④ in terms of divergence from standards in other areas, there is no reasonable conclusion. Personal information that has been formed or already disclosed in public life can also be protected by the right to self-determination of personal information, and the processing of such personal information should remain under the control of the information subject even if the personal information is disclosed by itself. In particular, the use of such information must be made within the control of the information subject when the revenue is derived from the use of disclosed personal information, such as the subject matter. However, The Personal Information Protection Act does not distinguish disclosed information from non-disclosure information, causing a dispute in the event of a dispute, such as the subject matter. In this paper, in addition to the critical review of the subject judgment, the need for revision of The Personal Information Protection Act was raised, and in the amendment, a legal policy alternative was put forward to the direction of the legislation.