빅데이터(Big Data) 환경과 프라이버시의 보호

Abstract

The amount of data in our world has been exploding. Big data is now part of every sector and function of the global economy. The unrestricted correction, combination and use of personal data is at risk for development into the big brother. Big Data provide positive aspects such as efficiency, convenience and new utility creation. However Big Data bring about various new problem such as infringement on privacy etc.. Big Data is highly likely to infringe on privacy and consumer rights while damaging fair competition and intensifying the concentration of economic power. There have been international efforts to solve these problems and the EU’s Proposed General Data Protection Regulation & the EU's 1995 Data Protection Directive(95/46/EC) and the Consumer Privacy Bill of Rights of US are noticiable. Justice Brandeis taught us that privacy is the “right to be let alone,” but we also already know that privacy is about much more than just solitude or secrecy. In this article, we examine why American and EU privacy law split part in the 21th century and analyze the consequences of this divergence on both sides of the Atlantic. And the Personal Information Protection Act(hereinafter "PIPA") including the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.(hereinafter "the Network Act") of Korea are necessary to consider whether to lack "adequate" privacy protections. In conclusion, the Korean PIPA including the Korean Network Act and so on must be reformed or revised in order to collect use data for historical, statistical or scientic purpuses and introduce ‘Privacy by Design’, ‘Right to be forgotten’ etc. including through a Do Not Track mechanism for the harmonization of use data with privacy protection in big data environments. Especially we need to perform ‘Privacy by Design’ that is an privacy focused design examining possibility of privacy invasion. Lastly, the Korean PIPA including the Korean Network Act should give consumers the ability to make decisions about their own personal data at a relevant time and context. And the Korean PIPA including the Korean Network Act should offer to us a dynamic model of how to offer strong privacy protection and enable ongoing innovation in new information technologies. Nowadays we live in a world in which we share personal information more freely than in the past. And then, must we reject the conclusion that privacy is an outmoded value? The answer to that question is no. Because we are emphasizing that we need not to lack "adequate" privacy protections now more than ever.