프라이버시법의 규제와 혁신 -행태정보 수집 및 이용에 관한 실증 이론과 규범 실천적인 고찰-

Abstract

In Korea, the arguement of privacy now proceeding is sometimes so specific or so general, they can't suggest the substantial solution. To these phenomena, Strahileviz proposes the answer that personal information is not the part to be purely protected or used, but the part to be considered winner and loser of the regulations and protections. He divides the effects of protection and use into winner and loser. And he insists that we access the problem of privacy with these positive frameworks for well considering the meaning of distributive implications. When we see the problem of privacy with these positive frameworks, the best results can be produced. We can be out of misunderstanding that protection only is the best solution. To the proposal about positive assessment, Allen requestions about positive theory by using normative approach. In this thesis, we will overview positive theory of Strahilevitz and normative approach of Allen. Basis on these arguments, we will study the representative privacy issue about the collection and use of behavioral information. Positive theory and normative approach can be the requirement for solving matters of privacy. In the near future, these arguements will be frequently used by suggesting important implications for installing and implementing privacy policy. By doing so we can get the idea to change regulation into innovation.