프랑스의 스마트빌딩 법제의 쟁점에 관한 연구

Abstract

In general, the conceptual elements of smart building are as follows.: ‘intelligent building system with information communication function and automatic control system’, ‘providing and managing energy, lighting, disaster prevention, water resources, heating, ventilation, and air conditioning(HVAC) based on smart sensors and control systems.’ Recently, however, the most discussed issues related to smart buildings are the energy efficiency of buildings, the use of new renewable energy, and the reduction of CO2 emissions. In addition, the issue of protecting personal data is also important. In France, Smart Building is closely related to the energy efficiency improvement of buildings, which is the main goal of ‘Energy Conversion Law for Green Growth’(Loi relative à la transition énergétique pour la croissance verte). Thus, France has been striving to improve the energy and environmental performance of new buildings by preparing legislation for the promotion of ‘energy-efficient buildings’ or ‘environment-friendly buildings’ for public buildings. In addition, based on the Energy Conversion Law for Green Growth, a mid to long term energy plan(PPE) has been prepared to remodel various energy-efficient buildings and develop smart grids and storage systems. Another important issue related to the management of smart buildings is the protection of personal data. Information required for management of smart buildings managed by information and communication technology is personal data about people living in the building, and it is possible to indirectly identify individual lives through processing and analysis of these data. In France, data generated in relation to smart grid is regarded as personal data and protected by the ‘Personal Data Protection Act’(Loi no 78-17 du 6 janvier 1978 relative à 1’ informatique, aux fichiers et aux libertés). Therefore, the Personal Data Protection Committee(Commission nationale de l’informatique et des libertés, CNIL) has become the main body and is carrying out activities to protect personal data. In addition, as the ‘EU General Data Protection Regulation’(GDPR) comes into effect, the explicit consent of building users and the implementation of privacy impact assessment will be carried out in the management of smart buildings in relation to the processing of related personal data. This tendency is not just for France, but for other countries as well. Therefore, even in our case, we think that we should deeply consider and respond to the problem of building energy efficiency system of buildings and the protection of personal data, in legal regulation of smart buildings.