개인정보를 이용한 인공지능 알고리즘과 범죄 수사 - ‘AI 수사관’에 대한 「개인정보보호법」 위반 결정을 중심으로 -

Abstract

The development of Artificial Intelligence(AI) has been accompanied by or preceded by advances in technology for collecting and processing big data, and thus inevitably raises various concerns surrounding the personal information processing. In particular, the personal information processing in criminal proceedings was one of the most important topics even before the use of AI. Therefore, it is necessary to review what kind of legal evaluation the personal information processing to which AI is applied will undergo throughout the criminal proceedings, such as criminal investigation by investigative agencies or evidence investigation by courts, and what kind of changes it will cause. Therefore, this study examines the AI investigators who discovered illegal loan business, which was reported as the first case where AI was introduced in the process of criminal investigation in Korea and the Personal Information Protection Committee’s decision to violate the 「Personal Information Protection Act」. Through the above case, it was considered what technical and normative elements should be considered when AI based on personal information utilization is used for criminal investigation purposes. Also, we would like to introduce the 「Artificial Intelligence Act(draft)」 announced by the European Union on April 21, 2021 as a reference standard in Korea. In addition, it will be reviewed 「Act on the Performance of duties by Police Officers」 amended in 2020 can function as a basis for processing personal information for criminal investigation and prevention purposes.