• Title/Summary/Keyword: Data Protection Directive

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EU Data Protection 개정안 이슈 및 시사점

  • Kim, Sang Woo
    • Review of KIISC
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    • v.22 no.6
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    • pp.39-42
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    • 2012
  • 최근 mobile device, cloud computing 및 social networking 등 새로운 기술 trend의 등장으로 기존 법률 체계의 현실성 및 적절성에 대한 재검토 요구가 등장하고, 이에 따라 EU Data Protection Directive에 대한 개정안(reform proposal)이 2012년 1월 제시되었다. 따라서 새롭게 제시된 개정안의 주요 내용과 이슈, 그리고 이로부터 파생되는 시사점에 대해 고찰하고자 한다.

EU-US Privacy Shield Agreement and Domestic Policy Direction (유럽연합과 미국의 개인정보 이전 협약 (프라이버시 쉴드)과 국내 정책 방향)

  • YUN, Jaesuk
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.5
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    • pp.1269-1277
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    • 2016
  • European Union and United States have introduced new Privacy Shield agreement after decision of Court of Justice of the European Union which invalidated Safe Harbor agreement. Privacy Shield agreement contains several clauses to raise the level of personal data protection such as enhanced commitments, stronger enforcement, clear safeguards and transparency obligations, and effective protection of EU citizens' rights with several redress possibilities. This agreement has received positive response as an enhanced measure for personal data protection. This paper examines EU and US discussion history and current situation regarding Privacy Shield and suggests national policy direction such as measures for personal data transborder flow system improvement and international cooperation.

Trend of Dispute on the Right to Be Forgotten and Acceptance Task of Internet Laws in Korea (잊혀질 권리의 논의 동향과 우리나라 인터넷 법제의 수용과제)

  • Chung, Sang-Ki;Kim, Kyung-Yeol
    • Journal of Information Technology Services
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    • v.12 no.1
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    • pp.131-141
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    • 2013
  • Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

A Study on Privacy Protection in Financial Mydata Policy through Comparison of the EU's PSD2 (유럽 PSD2 시행에 따른 금융분야 마이데이터 정책의 개인정보보호 강화 방안 연구)

  • Song, Mi-Jung;Kim, In-Seok
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.29 no.5
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    • pp.1205-1219
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    • 2019
  • As the ability to use data becomes competitive power in the data-driven economy, the effort to create economic value by using personal data is emphasized as much as to protect personal data. EU's PSD2(the second Payment Service directive) became the initiative of the Open Banking trends all over the world, as it is the Mydata policy which protects the data subject's right by empowering the subject to control over the personal data with the right to data portability and promotes personal data usages and transfer. Korean government is now fast adopting EU's PSD2 in financial sector, but there is growing concerns in personal data abuse and misuse, and data breach. This study analyzes domestic financial Mydata policy in comparison with EU's PSD2 and focus on Personal information life-cycle risks of financial Mydata policy. Some suggestions on how to promote personal information and privacy in domestic financial Mydata Policy will be given.

The Protection of Privacy and the Restriction of Its Commercial Use in Telecommunications (통신산업에서 개인정보의 보호와 영업적 이용의 한계)

  • Hong, Myung-Su
    • Journal of Legislation Research
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    • no.41
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    • pp.303-335
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    • 2011
  • The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.

A Study on Integrated Approaching Factors of Environmentally-Friendly Companies Certification Scheme and Environmental Impact Assessment of Korea (환경친화기업지정제도와 환경영향평가제도에서의 통합적 환경관리 요소에 대한 기초적 연구)

  • Hong, Jun-Suk;Kim, Kyu-Yeon;Kwon, Oh-Sang
    • Journal of Environmental Impact Assessment
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    • v.17 no.2
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    • pp.113-124
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    • 2008
  • A worldwide trend of permitting system for industrial installation to achieve a high level of protection of the environment has been moved from single media to multimedia in approach. The Council of the European Community issued the Directive 96/61/EC, the IPPC Directive, concerning integrated pollution prevention and control in 1996. The IPPC Directive is one of the most ambitious legal measures that the European Union (EU) has initiated with a view to applying the prevention principle for industrial activities. The IPPC aims to achieve the integrated prevention and reduction of environmental pollution emitted by those industrial installations with a higher potential of emissions to the environment. Organization for Economic Cooperation and Development (OECD) recommended on Environmental Performance Reviews of Korea in 2006 that IPPC permitting concept should be considered for large stationary sources at the national and regional levels. Any Korean law doesn't provide for integrated pollution control with a single process covering all pollution from economic activities. However, one exception might be the "environmentally-friendly companies" certification scheme, introduced in 1995, in which participants agree to meet targets beyond the legal emission limit values in exchange for government technical and financial support to operate environmental management systems. The other exception might be Environmental impact assessment (EIA) of projects, in 1977, which has been strengthened and reinforced to be more preventive through development of the prior environmental review system (PERS) in 1999. The aim of this work is to introduce the contents of IPPC Directive at the viewpoint of Korea policy and to survey the integrated approaching concept of Environmentally-Friendly Companies (EFC) Certification Scheme and EIA policy of Korea. The study will be helpful in the future to prepare the infrastructure of integrated permitting system and to enforce the integrated permit which the authorities of local government issues on industrial activities. It can be said that the data calculated through both EFC Certification Scheme and EIA will be discussed as worthful information to determine Korean BAT reference notes for integrated permitting process.

A Study on the Disclosure and Exemption of the Personal Data (개인정보의 공개와 보호에 관한 연구 - 영국 사례를 중심으로 -)

  • Kim, Jung Ae
    • The Korean Journal of Archival Studies
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    • no.29
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    • pp.225-268
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    • 2011
  • The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

A Study on the Development of Energy IoT Platform (에너지 IoT 플랫폼 개발에 관한 연구)

  • Park, Myung Hye;Kim, Young Hyun;Lee, Seung Bae
    • KIPS Transactions on Computer and Communication Systems
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    • v.5 no.10
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    • pp.311-318
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    • 2016
  • IoT(Internet of Things areas) rich information based on the user easy access to service creation must be one of the power system of specificity due following: The IoT spread obstacle to the act be, and 'Smart Grid information of this is not easy under power plants approach the Directive on the protection measures, particularly when stringent security policies IoT technologies applied to Advanced Metering Infrastructure sector has been desired. This is a situation that occurs is limited to the application and use of IoT technologies in the power system. Power Information Network is whilst closed network operating is has a smart grid infrastructure, smart grid in an open two-way communication for review and although information security vulnerabilities increased risk of accidents increases as according to comprehensive security policies and technologies are required and can. In this paper, the IoT platform architecture design of information systems as part of the power of research and development IoT-based energy information platform aims. And to establish a standard framework for a connection to one 'Sensor-Gateway-Network-platform sensors Service' to provide power based on the IoT services and solutions. Framework is divided into "sensor-gateway" platform to link information modeling and gateways that can accommodate the interlocking standards and handling protocols variety of sensors Based on this real-time data collection, analysis and delivery platform that performs the role of the relevant and to secure technology.