『전기통신사업법』상 통신자료 제공 요청의 의의

Abstract

Under the Telecommunications Business Act, various problems have been continuously pointed out on the grounds that “request to provide telecommunications data” to telecommunications operators such as investigative agencies that do not require court permission does not require even post-notification after request. Meanwhile, there have been a number of controversies as the criminal investigation office of high-ranking government officials recently has been on spot because the Office made most of the main opposition lawmakers and journalists as the target for “requests to provide communication data.” Personal information precious to each individual cannot be included in an open book that state power can unfold at any time. Even if the need for criminal investigation is recognized, it is reasonable to consider the uncontrolled user's personal information inquiry for investigation, depending upon the discretion of the telecommunication service provider, etc is not normal at all. In addition, it is difficult to admit some claims that simply accepting the issue of the investigation practices of the Office as purely political. This is because “request to provide communication data” by investigative agencies is an important issue for setting limits on guaranteeing the basic rights of the people. I hope that this discussion will allow experts in the field and academia to share their awareness of the various legal problems of the request for communication data provision and move forward to the most reasonable revision of the law.