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Attorney's Duty to Protect Personal Information

변호사의 개인정보 보호의무

  • 하정철 (백석대학교 법정경찰학부)
  • Received : 2014.04.14
  • Accepted : 2014.07.20
  • Published : 2014.07.28

Abstract

In February 2014 Korean Bar Association has amended Professional Ethics Code as to stipulate attorney's duty to protect personal information. While existing Korean law and Professional Ethics Code has made attorney to keep client's confidential information, attorney's newly promulgated obligation has its meaning in that personal information of subject other than client is not protected through confidentiality rules, given that confidentiality obligation is interpreted to protect only client's information relating to representation. Moreover, duty to protect personal information deals with not only disclosure and use of information, which confidentiality rules is about, but also collection and retention process, access to and correction and care of information and even destruction of information. Amid unprecedented theft of personal data in several national banks and other serious leakage reported recently, this paper is going to contemplate the scope and application of the duty to protect personal information with hope to contribute to starting discussion on it.

Keywords

personal information;information relating to identifiable individual;attorney's duty to protect personal information;confidential information;attorney's duty to protect confidentiality

Acknowledgement

Supported by : 백석대학교

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