헌법상 개인정보의 법적성질과 보호범위에 관한 연구
A Constitutional Study of the Legal Aspects and the Protection Scope of the Informational Privacy
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To clarify the concept of privacy(personal information, personal data) would help define it’s legal aspects between the scope of fundamental rights, personality, liberty and property. At the same time it could be helpful to clarify the limits of privacy. The fundamental rights target different objects which are based on the clarity of the legal concept of the privacy depending on how you set the policy direction of the legislation can be changed around. Privacy rights in the United States are belonged to the liberties basically, however after the concept of the informational privacy appeared, the American privacy rights taking after and accommodating its concept to the that of Europe in many areas. In Europe, the human dignity ranks on the highest value of the fundamental rights. However, the absolute fundamental rights protect narrowly in the legal area more conservative then any others. In the end, the United States and European privacy laws are different, but it is misunderstanding that the United States underestimate person’s privacy. The United States believe private autonomy should think the top priority thus, the subject of a specific fundamental right to be protected when the government interferes less. Whether privacy belonged any fundamental rights, in this informational society, privacy protection is more emphasis inevitably on important values. Even Though a privacy right could understand as the right of personality, it could be in the area of property at the same time. Privacy should be protected by its unique character.
Abstract
To clarify the concept of privacy(personal information, personal data) would help define it’s legal aspects between the scope of fundamental rights, personality, liberty and property. At the same time it could be helpful to clarify the limits of privacy. The fundamental rights target different objects which are based on the clarity of the legal concept of the privacy depending on how you set the policy direction of the legislation can be changed around. Privacy rights in the United States are belonged to the liberties basically, however after the concept of the informational privacy appeared, the American privacy rights taking after and accommodating its concept to the that of Europe in many areas. In Europe, the human dignity ranks on the highest value of the fundamental rights. However, the absolute fundamental rights protect narrowly in the legal area more conservative then any others. In the end, the United States and European privacy laws are different, but it is misunderstanding that the United States underestimate person’s privacy. The United States believe private autonomy should think the top priority thus, the subject of a specific fundamental right to be protected when the government interferes less. Whether privacy belonged any fundamental rights, in this informational society, privacy protection is more emphasis inevitably on important values. Even Though a privacy right could understand as the right of personality, it could be in the area of property at the same time. Privacy should be protected by its unique character.
참고문헌 (24)
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