전기통신사업법상 통신자료 제공제도의 문제점과 개선방안

Abstract

The current trend of our country is that the number of requests for communication data during criminal investigation is increasing because of rapid advancement of information & communication environment. According to such phenomenon, the risk of administrative penalty and civil & criminal suit of telecommunication carrier is simultaneously increasing. In fact, Seoul High Court recently expressed through a ruling that telecommunication carrier has the obligation to take sufficient measures to protect the personal information of users by preparing specific standards on whether to provide personal information to what extent through a comprehensive consideration of the importance and urgency of matter and the degree of illegality through balancing conflicting interests being violated according to individual matters for the request for communication data by investigative agency according to Article 83 of the Telecommunications Business Act. In addition, it also expressed the need to determine whether to provide personal information by preferentially considering the personal information of users if possible. Accordingly, in the case where telecommunication carrier has taken sufficient measures to protect the personal information of users such as preparing specific standards on the request for communication data of investigative agency, it should be able to provide communication data to investigative agency according to Article 83 of the Telecommunications Business Act. In addition, there is a need to interpret current regulations as strictly as possible to minimize the risk of civil & criminal suits such as the demand for compensation of telecommunication carrier in the midst of current situation in which there are no specific guidelines that define whether warrant principle is applied to the provision of communication data.