Utilization of Administrative Informationand Protection of Personal Information

Abstract

Current discussions on the protection of personal information were first raised in the realization process of the administration procedure which purports to secure fairness, transparency and trustworthiness of public service and to guarantee of citizen’s rights. The administrative procedure aims to achieve democracy, appropriateness, and efficiency in public service by promoting participation of general public in administrative affairs, so it is essential that the general public gets access to the administrative information held by public offices. However, as it becomes possible for an individual to provide administrative information to offices or to get access to it, and/or even to disclose certain administrative information to general public, it is required that proper legal restriction of those uses which by their characters contain private information. Therefore, previous system of administrative information disclosure and protection which functioned under each related procedures, came to be re-established as a separate set of regulations on the treatment of administrative information in the information society. Some of the background concerns are that development of information technology which established the electronic government increases the possibility of leakage of digitalized private information by making individual information to be managed electronically as a whole, and that disclosure and sharing of administrative information which is the fundamental principle of the electronic government may, by its own character, conflict with protection of personal information. Accordingly, it is required to apply and enforce the regulation in a way that does not cause conflict among the Constitutional Right to knowledge, administrative demand and protection of personal information. In this regard, this paper studies appropriateness of restriction on the right of information subjects with respect to personal information as a reverse function of first, sharing of administrative information by the computer system and networks through which speed and accuracy of communication of information is secured, geological and time limitation is overcome and paperwork is reduced, and secondly, of the collection of image information by CCTV for the purpose of crime prevention and police force workload reduction. While information privacy is the right to privacy as an object of corresponding categories and power related to personal data and interpreted as a positive means to organize form a harmonious relationship between legal protection and lawful utilization, it is crucial to form legitimate the legal relationship of rights and obligations free from the fixed idea of denial and disbelief about personal information manager such as government or private companies first of all. As a result, it is required to set up a thick layer of protection to be protected and rationally use to be used for establishing institutional framework on redefining information privacy. This article, in this basis, argues the amendment of EGA and IPA with information-related law and data protection principles for constitutional legislative system of information privacy.