교육분야 개인정보 보호법령의 문제점과 개선 방안

Abstract

With the revision of the Data 3 ’s Act in 2020, the Personal Information Protection Act is promoted of clarifying the concept of personal information and the vitalization of the data economy by introducing pseudonym information. In addition, matters related to the collection, use, processing and management of personal information of existing Information and Communication service providers were transferred to the Personal Information Protection Act, and the personal information protection affairs handled by the Ministry of Public Administration and Security were unified into the Personal Information Protection Committee.The protection of personal information in the field of education is not only subject to the Personal Information Protection Act as a general law, since schools, universities, and offices of education are also included in the Personal Information Controller. In particular, in the field of education, personal information of students and parents who are information subjects, such as education records, health records, etc, the collection and use of personal information is on the rise because educational activities are carried out using the use of personal information, and accordingly, indiscriminate use such as leakage of personal information or provision of third parties is also increasing.Therefore, it is necessary to examine what problems exist in applying personal information protection-related matters among the personal information protection acts and education laws and improve them. Specifically, public institutions under the Personal Information Protection Act must include kindergartens under the Early Childhood Education Act, and for children under the age of 14, exceptions to the procedure for obtaining or confirming the consent of a legal representative must be prepared so that the school can take over. It is necessary to prepare a clear guideline to distinguish between consignment of work and the use of simple education platform services. Although pseudonym information was introduced, it is necessary to enhance the expertise of teachers and prepare a support system in order to activate data utilization through pseudonym processing and combination of pseudonym information. There is a need to continuously strengthen education on the protection of personal information for teachers and students. The subject of legal education and human rights education should be treated using subject and non-subject discretionary time to strengthen knowledge and awareness of personal information protection.