경찰상 개인정보 수집, 처리에 대한 법적 검토

Abstract

Personal information gathering and processing by the government can conflict with the guarantee of basic rights of people. In the area of police administration or police action where police officials should cope with social changes sensitively, this problem can be more serious. In order for police officials to analyze and settle problems, detailed information is essential. When they take a measure to prevent dangers and investigate crimes, moreover, it will be impossible for them to perform their duty if they have no personal information. Under such a reality of life, individuals have to know how information about themselves is processed and to whom it can be delivered. This problem can be settled by guaranteeing legality of information processing by police officials. In other words, when police officials want to process personal information for certain purposes and reasons, they should observe authority standards and limit regulations of gathering and processing of the relevant information. Germany has been devoted to regulations of information gathering and processing by police officials for a long time since Volkszählungsurteil in accordance with Volkszählungsgesetz was determined. As far as our country is concerned, however, Article 3 of Police Act and Article 2, Item 3 of Police Action Law are about Aufgabenzuweisung of police information activity, so they prescribe only gathering, drawing up and distribution of information for police action.