DNA신원확인정보의 실효적 보호에 관한 연구: 개인정보자기결정권 보장을 중심으로

Abstract

DNA identification information as biometrics is information that is most closely related to the bodies of individuals and unlike other personal information, it cannot be changed while the individual is alive and it can be used not only to identify an individual, but also information on blood relationships of the individual. Therefore, it must be protected at levels of protecting sensitive information. However, many disputes have been raised on Korea’s DNA Act even before its enactment because by excessively collecting and process DNA identification information, which are biometrics of individuals, for the purpose of improving the efficiency of crime investigation agencies and to prevent crimes, it could violate the basic constitutional rights of individual human rights and the right to self-determination of personal information. The fact that the Constitutional Court recently made the ruling that in relation to Article of the DNA Act that it was a violation of the constitution as it did not guarantee the procedural rights of the claimant was significant. DNA identity information is ‘personal information’ that can be used to identify an individual, and therefore, the subject of the information should be able to exercise his or her right to self-determination of personal information, which is the right to control how much information to whom his or her information would be shared with. However, the right to self-determination of personal information can be limited by laws in the cases needed to guarantee national safety, maintain order, or for public welfare pursuant to Article 37 Paragraph 2 of the Constitution. This means that regardless of the intent of the subject of information, DNA identification information can be used lawfully by the authorities for the purpose of public interest for criminal investigations or crime prevention. Related to this, a provision was also provided to allow investigative agencies to collect, use, store, etc. DNA identification information for the purpose of criminal investigation and crime prevention in the DNA Act. However, the current DNA Act excessively violates the freedom to one’s own body, the right to self-determination of personal information, etc. due to several issues such as the massive scope of applicable crimes, lack of regulations to guarantee the procedural rights of subjects, and unlimited storage of information, etc. Accordingly, revisions should be made for the DNA Act considering the peculiarity of DNA identification information, reason for ruling of being unconstitutional by the Constitutional Court, and the various potential violations of the Constitution that are being suggested. In detail, some areas for reform would be to minimize the crimes for collecting the information, adding conditions for risk of recurring crimes, deleting regulations on consent to collection, guarantee of right to state opinions, providing a clear basis for non-compliance procedures, indication of storage period, guarantee of rights to claim for deletion, etc.