공공부문에서 드론 활용에 따른 개인정보 처리 관련 법제도 개선방안 연구

Abstract

Because drones(Unmanned aerial vehicles) are mobile imaging devices that have a wide range of existing fixed CCTVs and can be deployed to areas or blind spots that are difficult for humans to access, they can respond very quickly and effectively to disaster response, search for missing persons, and emergency rescue. However, drones have a very wide range of filming possibilities, so if they are used indiscriminately, the filming and processing of personal information of many unspecified individuals unrelated to the public works can lead to serious infringement on the rights of the information subjects. Therefore, a constitutional review should be made on the conditions and scope of acceptance of personal information processing by the use of drones in the public sector. Among the information processed by using drones to carry out public affairs may include "personal information" that can identify individuals, which is a basic right guaranteed by the Korean Constitution, the right to self-determination of personal information. However, The right to personal information self-determination can be restricted to the law if necessary for national security, order maintenance or public welfare pursuant to Article 37 paragraph 2 of the Korean Constitution, which means that personal information can be processed in accordance with the provisions laid down in the law if necessary for the public interest, regardless of whether the information subject agrees or not. Although Korea's current Personal Information Protection Act, the Police Officer's Duty Execution Act, and the drone operation rules have major regulations that can be interpreted as legal grounds related to the use of drones and their handling of personal information, the current law does not have enough explicit grounds to handle personal information by utilizing drones under public authority. In order to address concerns over infringement of basic rights, such as the right to self-determination of personal information, which is expected due to extensive filming and personal information processing, the public sector needs to improve the legal system that can establish the use of restrained drones. Accordingly, in order to justify the handling of personal information by the use of drones in the public sector, this paper will review what problems there are under the current law and what improvements can be made to address these problems.