CCTV 운영 현황과 기본권 문제 연구

Abstract

In this paper I have come to understand how each country operates CCTV and checked problems related to fundamental rights according to establishment and operation of it. Usefulness of CCTV for various positive service like prevention of crime as well as regulation of illegal parking, disaster measure, illegal abandonment of garbage, control of traffic etc. is growing. Till lately the public sector had the protection of individual information Act as a general law, on the other hand, necessity of law have been expressed about individual information Act acting as a general law in private sector. At last it has been enacted and rounded both public areas and private ones. Most countries have the law of the establishment and operation of CCTV and offer guideline through code of practice for operation of enforcing it. There are different types of CCTV according to each purpose and usage and they can violate human rights in various ways, such as right of privacy, right portrait, right of self-determination of information. One’s features are shot at certain time, in certain place in spite of oneself by using CCTV, and it can record and keep features of one’s private living according to way to perform it. On account of such reasons, CCTV can bring about problems of infringement of right of portrait and one’s information self-determination of ones who are recorded by CCTV. Therefore, this study proposed litigation and constitutional petition as the system to be able to deliver violation after infringement of the fundamental right. In the case of the infringement of basic right, one can claim to stop recording or removal and bring a suit constitution petition.