형사소송법 제199조 제2항의 적용범위 축소에 따른 문제점과 개선방안

Abstract

Personal Information Protection Act (hereinafter referred to as “PIPA”) imposes a number of restrictions on the collection of evidence such as prohibition of non-public institution personal information controllers' providing personal information as evidence, which is not forbidden by Article 199(2) of Criminal Procedure Act (hereinafter referred to as “the Article”), PIPA generally applies to the investigative agency's collection of evidence and the personal Information controller's submission of evidence. If the Article is not a specific provision in other acts, the Article does not apply to the collection and submission of evidence when PIPA applies to them. Therefore, whether the Article is the specific provisions in other acts is a very important issue. Specific provisions in other acts are “provisions of an act or a rule specifically and partially delegated by an act, which stipulate a specific subject's processing of personal information for the purpose of criminal investigation with contents different from that of PIPA, and compliant with the principle of proportionality.” The Article is not one of them. Therefore, the Article applies only to areas where PIPA does not apply. Due to the reduction in the scope of the Article, the nonpublic institution-personal information controller is prohibited to submit personal information as evidence. In addition, even in emergency there is no way to enforce the information provider to provide personal information when he refuses to. These problems can be resolved by amending PIPA. The fundamental solution, however, is the legislation of an act governing the processing of personal information for the purpose of criminal procedure.