빅데이터 환경에서 프라이버시권 개념의 재정식화

Abstract

In today's information technology era, even if there is no individual confidentiality in itself, if it is comprehensively collected and processed, the individual's life and personality are in a position to be revealed without hiding. The current situation is that personal information or personal data in the information age can be searched and used at any time, increasing the risk of infringing on an individual's personality or privacy. In particular, there have been many studies in the fields of philosophy, ethics, and law on the value of privacy and social functions. In other words, there are personal values such as building and maintaining various human relationships, realizing social freedom, securing superiority in strategic behavior or competition with others, and easing tensions, while considering social values such as realizing individual autonomy, balance of power relations with organizations such as governments and companies, etc. are becoming serious. In particular, when big data including personal information is used for the purpose of realizing social benefits, there is a problem of conflict or balance between the principle of personal information or privacy protection and free use of information. In this paper, I examined the development process of constitutional privacy rights in the United States, which can be considered the starting point of privacy, and the domestic discussion process. In the United States, the existing privacy type has a limitation in that it cannot grasp new privacy violations caused by the development and distribution of information technology, and in Korea, privacy rights are understood as a kind of personal rights, so it can be seen that they are unclear. Based on this awareness of the problem, the theory of Solove and Nissenbaum was examined as a major study of the pragmatic approach to privacy in big data. Solove presented the approximate types of situations such as information collection, processing, diffusion, and intrusion from the perspective of the information subject, and further subdivided each situation type to extract 16 types of harmful activities. Identifying the problem of privacy infringement according to the above type and classification system can prevent the phenomenon that privacy with conceptually abstract and ambiguous characteristics is exaggerated and recognized. Furthermore, according to Solov's classification system, various cultural perceptions of privacy can be reflected depending on the detailed types of harmful or problematic acts belonging to privacy violations. Nissenbaum grasped privacy by context. Context refers to a structured social situation characterized by typical activities, roles, relationships, power structures, rules, and internal values (goals or purposes), and using this basic framework, Nissenbaum can predict the possibility of privacy invasion when new information services, science, and business are introduced. Solove and Nissenbaum's practical approach is meaningful in that it specifically illuminates the abstract problem of privacy from various angles and provides specific measures suitable for the purpose of privacy protection. In particular, Nissenbaum's proposition, "Privacy is the proper flow of information," is meaningful as a starting point for alternatives to improve the limitations of the concept of privacy in big data era.