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‘잰걸음으로 나선’ 개인정보 보호법을 보완하는 논의 - 개인정보 보호법 개정 논의 및 관련법률 검토

A Study on the Revision of the 'Personal Information Protection Act' and its Related Acts

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The legislation of the Personal Information Protection Act(hereinafter 'PIPA') streamlined various Acts related personal information, and made the privacy right for the information subject reinforce. Albeit better than before, there are some articles to provide reasonable adjustment to make them clear what is to be achieved; firstly, the correction of legal terminologies and legal sentences for getting the legislative purposes of this PIPA, secondly, the harmonization between the PIPA and the other related Acts, based on PIPA which is the center for the protection of personal information, thirdly, the legislative consideration of the emerging 'right to be forgotten'. The 'right to be forgotten' was proposed by European Commission to make twenty seven EU member countries adopt their own regular right with respect to the personal date. This newly emerging right aims at the prevention of illegal collection and use of the scattered personal information on Social Networking Service(SNS), and on searching websites.

Abstract

The legislation of the Personal Information Protection Act(hereinafter 'PIPA') streamlined various Acts related personal information, and made the privacy right for the information subject reinforce. Albeit better than before, there are some articles to provide reasonable adjustment to make them clear what is to be achieved; firstly, the correction of legal terminologies and legal sentences for getting the legislative purposes of this PIPA, secondly, the harmonization between the PIPA and the other related Acts, based on PIPA which is the center for the protection of personal information, thirdly, the legislative consideration of the emerging 'right to be forgotten'. The 'right to be forgotten' was proposed by European Commission to make twenty seven EU member countries adopt their own regular right with respect to the personal date. This newly emerging right aims at the prevention of illegal collection and use of the scattered personal information on Social Networking Service(SNS), and on searching websites.

참고문헌 (16)

  1. 김민호, "개인정보 보호법 제정에 따른 제도정비방안", 춘계학술대회 (2011), 한국인터넷법학회
  2. 인터넷서비스 자율규제 현황 및 시사점, "이규정", 한국정보화진흥원, ~, pp.IT정책연구시리즈 제6호 (2009)
  3. 현대호, "개인정보 보호법과 다른 법률의 개인정보보호 규정과의 정합성확보", 춘계학술대회 발표논문집 (2011), 한국인터넷법학회
  4. 자율규제기관의 현황과 과제, "현대호", 한국법제연구원, ~ (2009)
  5. 홍석한, "국가역할의 변화에 따른 규제된 자율규제에 관한 연구 : 개인정보보호 영역을 중심으로", 박사, pp.2009
  6. "The ‘Right to be Forgotten’ Worth Remembering?"[URL]
  7. "The Right to Be Forgotten" (2011)[URL]
  8. Fred H. Cate, "Privacy in Perspective" (2001), AEI Press
  9. Viktor Mayer-Schönberger, "Delete : The Virtue of Forgetting in the Digital Age" (2011), Princeton University Press
  10. "Hasty legislation will make a mess of Europe's‘right to be forgotten" (2010)[URL]
  11. "The Web Means the End of Forgetting" (2010)[URL]
  12. Daniel J. Solove, "Privacy, Information, and Technology" (2006)
  13. Peter P. Swire, "Markets, Self-Regulation, and Legal Enforcement in the Protection of Personal Information, In Privacy and Self-Regulation in the Information Age" (1997), U.S. Department of Commerce
  14. "The Right to Inform v. The Right to be Forgotten: A Transatlantic Clash" (2009)[URL]
  15. "Offensive’ Web Content Targeted in Asia" (2011)[URL]

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