CCTV 영상정보의 적법한 압수에 대한 연구

Abstract

Today, the use of CCTV video information is very high in the criminal investigation. In practice, investigative agencies seem to obtain CCTV video information by consent. However, according to the Personal Information Protection Act, CCTV video information may not be submitted by consent for investigation purposes depending on the subject of CCTV installation. If CCTV video information is related to the crime, the investigation agency can confiscate the information by pre-warrant. However, there are cases where it is difficult to meet the requirements for issuing pre-warrant. Even if a pre-warrant is issued, confiscation by pre-warrnat may be highly contrary to the efficiency of the investigation and the actual protection of the victim, since it takes a considerable amount of time for issuing and executing a warrant. With post-warrant, CCTV video information may be confiscated for the purpose of securing evidence for a crime but not for the purpose of tracking the criminal or protecting the victim. Submission of CCTV video information by consent for investigation purposes is possible when CCTV is installed by a public institution. If an individual who is a personal information processor has installed CCTV, it is impossible to submit the information unless the information is gathered for that purpose. Tracking criminals or protecting victims are not less important than protecting personal information. However, when CCTV is installed by individual it is difficult to confiscate the video information for the purposes above. Therefore, it is necessary to improve the ACT. On the other hand, CCTV video information may be sensitive one, so it is highly likely that the seizure by the investigation agency will infringe the basic rights of the information subject. Therefore, the confiscation of CCTV video information should be done by warrant, and considering the effectiveness of the investigation and the protection of the victim. it should be by post-warrant In addition, under the Personal Information Protection Act, if an individual and a personal information processor installed CCTV, he may be subject to criminal penalties for submitting video information for investigation purposes. In order for such criminal punishment to function as a practical security device to prevent excessive restriction or infringement on basic rights, revision of the Act to punish the prosecutor or judicial police officer rather than the establisher of CCTV is required.