개인정보의 이전형태에 따른 “정보통신망법” 등의 적용과 한계에 관한 검토

Abstract

It may be possible to summerize the legal problem of the personal data transfer as the following. Firstly, the personal data has the exclussive character not in it’s belongings but in it’s exercising the self determination over who can collect and use my personal data. So, third party with consent of the personal data subject can collect and use them within the his or her consent. Secondly, the personal data protected by the self determination means the data including privacy and so on, but the open data for the communication do not belongs to the personal data protected by law unless there is special reason. Thirdly, one internet service provider with the consent of the personal data subject in collecting and using the personal data shall gain renewal consent directly from him or her under its own responsibility, if it transfer the data to another(third party) beyond the his or her origin consent. Fourthly, third party beyond the his or her origin consent covers, if it is a natural person, every natural person except the subject, and if it is a judicial person, it covers every another natural and judicial person. Lastly, it dose not apply to the provision of the transferring personal data to third party of 「Act on the Information networking Enhancement and Personal data protection」that a internet service provider offers an simple contact data like an e-mail address.