「정보통신망법」 상 개인영상정보 처리 특례규정 도입에 대한 검토

Abstract

The development of image information processing devices such as CCTV, drones and wearable devices has created a new industry area and provides convenient and useful services in various areas such as security and attendance management. However, concerns about serious privacy violation are also raised due to the unauthorized disclosure or leakage of personal image information. In order to alleviate these concerns, the government is trying to legislate the "Personal Image Information Protection Act". However, the bill is aimed at disciplining personal image information processors that have substantial control over the processing of personal image information, such as by taking personal image information directly. Therefore, this measure is difficult to apply to information and communication service providers who only mediate personal image information. Thus, this bill does not apply to the information and communication services providers that only mediate personal image information. However, considering the possibility of spreading personal image information, difficulty in restoration of infringement, and direct or indirect commercial acquisition through the distribution of personal image information in the information communication network, it is necessary to establish special rules on personal image information processing of information and communication service providers. Therefore, it is necessary to define the roles and responsibilities to be obeyed when the information communication service provider mediates the personal image information, and the protection methods of the subject. However, in establishing such a system, it should be ensured that there is no excessive restriction on the 'freedom of operation' of the information and communication service provider, and a plan should be prepared so that it can be harmonized with the 'privacy' of the subject. The proposed scheme is as follows. First, the information and communication service provider should provide certain guidelines to prevent the user who processes personal image information from infringing the right of personal image information subject when using the service. This is a way to protect the privacy of the personal image information subject without being subject to a significant violation of the freedom of business because the government gives autonomy to write the guidelines according to the service contents. Next, considering the propagation and speed of information and telecommunication services, a quick remedy for the leakage of personal image information is needed. Therefore, this study suggests that the information service provider should take certain measures such as deletion when the information subject requests deletion of personal image information.