개인정보보호를 위한 법정책의 과제 - 「개인정보 보호법」상 형사법적 규제에 대한 고찰을 중심으로 -

Abstract

Today, we live in a society that we can easily access and get information. In the past, we obtain and used information through media and publications, since then we are able to obtain data easily by using the internet. The advantage of using the internet is obvious ; for example, we can search the data which we want and easily use it practically. However, there are some problems such as spread of information and personal security. So it brings up necessity of the act which is to protect personal information. Firstly it started centering on government and public institution, and then, the duty for protecting personal information is expanded to the private enterprises. The legal regulation for protecting personal information is divided three parts – restriction by administrative law, civil law enforcement activity and criminal law. Among them, the control by criminal law is the most powerful regulation because it is enacted by punishment, so we have to consider various principles stem from the principle of legality like as the principle of definiteness. The current 「Personal Information Protecting Act」 has several liabilities and sanctions which will refer the time when liability does not observe for protecting the personal information. Notwithstanding these kinds of work, leakage of private information cases are still occurring. So this paper will review the point that current law does not well worked for protecting the personal information especially centering the aspect of regulating by criminal law and conclude that some problem have to consider reforming in part of principle of definiteness and consent.