정보통신망 이용촉진 및 정보보호 등에 관한 법률상의 ‘제3자 제공’과 ‘제3자 위탁’의 구별

Abstract

Cyberspace users can benefit from internet and be provided with many informations and services. In contrary, there are many cases of a misuse or abuse of personal information about users. As a typical case, there is the supply or consignment of personal information to a third person without owner’s consent of personal information. Now, it’s required to protect personal information so as to regulate the supply or consignment of personal information to a third person. Therefore, Act on Promotion of Information and Communications Network Utilization and Information Protection, etc(APICNUIP) controls them. Because, damages by the supply of personal information to a third person without owner’s consent of personal information are expected to be greater than those by the consignment of personal information to a third person without owner’s consent of personal information, articles related to the supply of personal information to a third person in APICNUIP could be translated in separation of those of the consignment of personal information to a third person. To distinguish the consignment of personal information to a third person from the supply of personal information to a third person, it is important to know the object of the consignment is not for a consignee’s business but for that of a consigner’s; If the object of a information trade is for a information accepter’s independent profit, the trade is not the consignment of personal information to a third person but the supply of personal information to a third person.