• Title/Summary/Keyword: Personal protection Act

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The Protecton of Privacy on Secondary Use of Personal Health Imformation (의료기관 개인건강정보의 이차적 이용)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.117-143
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    • 2010
  • Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

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A Study on Public Order Right Based on Analysis of the Administrative Disposition Results Against the Personal Information Protection Act Violation (개인정보 보호법 위반에 따른 행정처분 결과 분석을 통한 공표명령권 도입 연구 395)

  • Jeon, Ju Hyun;Rhee, Kyung Hyune
    • KIPS Transactions on Computer and Communication Systems
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    • v.11 no.11
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    • pp.395-402
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    • 2022
  • In case of violation of the Personal Information Protection Act, administrative dispositions will be taken according to the legal standards, and the results will be announced. However, the current method has limitations in its effectiveness as repeated administrative dispositions are increasing despite the announcement by the disclosure system of the Personal Information Protection Act. In this paper, we deploy the introduction of the 'public announcement commandment' against violators by analyzing the administrative disposition results according to the violation of the Personal Information Protection Act. It is able to strengthen the existing disclosure system for self-disclose violations by providing easy recognition to the people about the fact of violation itself against the Personal Information Protection Act. Furthermore, we analyze major industries through the industry groups and violations of laws that were subject to publication, and data published on the results of administrative dispositions for violation of the Personal Information Protection Act. Finally, we propose the legal basis for the 'public announcement commandment' which allows the violator to publish by oneself for the announcement of the fact that the corrective action has been taken.

A Study on the Analysis and Improvement of the Personal Information Protection Act at Public Library: Focused on Seoul and Gyeonggi Province (공공도서관의 개인정보보호 현황분석 및 개선방안 연구: 서울·경기지역을 중심으로)

  • Lim, Jin Taek;Kim, Yang-Woo
    • Journal of the Korean Society for information Management
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    • v.32 no.1
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    • pp.85-108
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    • 2015
  • Personal Information Protection Act was first enacted in March, 2011, amended in September, 2011 and became effective. Nevertheless, the risk of interfering with personal information protection still remains, associated with collection, plagiarism, leakage, and even sales of personal information. The public libraries are not an exception. Accordingly, this study investigates the status of personal information protection in public libraries of Seoul and Gyeonggi province. Also, it tries to discover problems associated with the act and presents a model scheme to improve this situation. The scheme relates to (1) securing of a sufficient budget; (2) reinforcing professional education related to personal information; (3) developing detailed guidelines for public libraries.

Problems and Improvements of the Class B Articles of Clothing and Personal Belongings Design Classification under the Korean Design Protection Act (디자인보호법 물품구분표상 B군 의복 및 신변용품 분류체계 개선안)

  • Cho, Kyeong Sook;Jo, Jae Shin
    • Journal of the Korean Society of Costume
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    • v.64 no.5
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    • pp.76-90
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    • 2014
  • The Design Protection Act of Korea classifies industrial designs into examined-based and unexamined-based articles. For design application and registration under the DPA, applicable product for the design needs to be chosen in order for it to be registered. Clothing and personal belongings under class B in the classification list are subject to unexamined-based articles. A sound and logical classification system will lead to higher administrative efficiency as well as assurance of more convenience for the system users. This paper examines the suitability of the design classification for clothing and personal belongings and purposes to suggest improvements.

An Impact and Problem by the Personal Information Protection Act. on the Financial Sector (개인정보보호법이 금융권에 미치는 영향과 문제점에 관한 고찰)

  • Han, Se Jin
    • Convergence Security Journal
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    • v.13 no.1
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    • pp.31-36
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    • 2013
  • The personal information protection act has been enacted from 2011 for the protection of public and private privacy. Since the application area of the law is so broad, there is a limit to covers everything in the financial field. In this paper, I'll discuss an impact and problem by the personal information protection act. and propose some new task to build an efficient personal information protection governance on financial sector.

Protection of Personal Information on Cloud Service Models (클라우드 서비스 유형별 개인정보보호 방안)

  • Lee, Bosung;Kim, Beomsoo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.25 no.5
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    • pp.1245-1255
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    • 2015
  • As cloud computing services become popular, the concern on the data security of cloud services increases and the efforts for the data security become essential. In this paper, we describe the pros and cons of cloud computing including the definition of cloud. Then, we discuss the regulations about the protection of user data defined in cloud promotion act. Previous studies related to the privacy protection and the entrustment of personal information in cloud computing are reviewed. We examine how to store the personal information depending on the cloud service model. As a result, we argue that the entrustment of personal information should vary according to the cloud service model and we propose how to protect the personal information on IaaS and SaaS cloud service models.

Study on HIPAA PHI application method to protect personal medical information in OMOP CDM construction (OMOP CDM 구축 시 개인의료정보 보호를 위한 HIPAA PHI 적용 방법 연구)

  • Kim, Hak-Ki;Jung, Eun-Young;Park, Dong-Kyun
    • The Journal of Korean Institute of Next Generation Computing
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    • v.13 no.6
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    • pp.66-76
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    • 2017
  • In this study, we investigated how to protect personal healthcare information when constructing OMOP (Observational Medical Outcomes Partnership) CDM (Common Data Model). There are two proposed methods; to restrict data corresponding to HIPAA (Health Insurance Portability and Accountability Act) PHI (Protected Health Information) to be extracted to CDM or to disable identification of it. While processing sensitive information is restricted by Korean Personal Information Protection Act and medical law, there is no clear regulation about what is regarded as sensitive information. Therefore, it was difficult to select the sensitive information for protecting personal healthcare information. In order to solve this problem, we defined HIPAA PHI as restriction criterion of Article 23 of the Personal Information Protection Act and maps data corresponding to CDM data. Through this study, we expected that it will contribute to the spread of CDM construction in Korea as providing solutions to the problem of protection of personal healthcare information generated during CDM construction.

A Study on Improving the Privacy for personal information collected for statistical processing (통계처리를 위해 수집된 개인정보에 대한 개인정보보호 개선방안에 관한 연구)

  • Bae, Sang-ho;Shin, Je-su;Chun, Sam-hyun;Chung, Hyun-soo
    • Journal of Convergence Society for SMB
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    • v.6 no.2
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    • pp.25-30
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    • 2016
  • Personal Information Protection Act does not apply to certain personal information processings and personal information management as well as the data subject's right to access to their personal information collected by public authorities pursuant to Statistics Act. Such exclusion may lead to problems such as misuse and mishandling of personal information by data controllers as well as infringement upon the data subejct's right to control over their personal information. This study is to find solutions to the above problems, considering the public interests of statistics and the facilitation of the collection and the use of statistics. Ultimately, the study is to suggest recommendations for the Personal Information Protection Act to ensure the data subject's rights to request access and rectification as well as safe management of the collected personal information.

The Role and Issue analysis of the ADR's Committee in the Revision of Personal Information Protection Act (데이터 3법 개정에 따른 분쟁조정위원회 역할과 이슈분석)

  • Yoon, Duck Joong;Jee, Yoon Seok;Kim, Youngae;Shin, Yongtae
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.279-286
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    • 2020
  • On February 4, 2020, the Personal Information Protection Act ("Privacy Act") was amended to facilitate the convergence and utilization of data, a key resource of the Fourth Industrial Revolution, and to support the development of the data industry. As the scope of the law applies to telecommunications operators, financial operators, and personal information processing providers, the scope of related dispute settlement is expected to increase. Therefore, this paper first introduces the role and function of the Personal Information Dispute Committee and the institutional standards for personal information dispute mediation, and researches the roles and issues that the Personal Information Dispute Mediation Committee should play in accordance with the revision of the Data 3 Law. In this study, For efficient operation of personal information dispute mediation, expert deliberation by field, new adjustment criteria for new industrial technologies, way to secure business continuity between the Personal Information Dispute Committee and the Personal Information Committee, Secure the link between the mediation decision and courts, and Suggested the strengthening of the operational standards for collective dispute mediation.

Issues and Tasks of Personal Information Protection Liability Insurance (개인정보 손해배상책임 보장제도의 쟁점과 과제)

  • Lee, Suyeon;Kwon, Hun-Yeong
    • Journal of Information Technology Services
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    • v.19 no.1
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    • pp.37-53
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    • 2020
  • Today, our society is exposed to cyber threats, such as the leakage of personal information, as various systems are connected and operated organically with the development of information and communication technology. With the impact of these cyber risks, we are experiencing damage from the virtual world to the physical world. As the number of cases of damage caused by cyber attacks has continued to rise, social voices have risen that the government needs to manage cyber risks. Thus, information and telecommunication service providers are now mandatory to have insurance against personal information protection due to amendment of "the Act on Promotion of Information and Communication Network Utilization and Information Protection". However, the insurance management system has not been properly prepared, with information and communication service providers selecting the service operators based on sales volume rather than selecting them based on the type and amount of personal information they store and manage. In order for the personal information protection liability insurance system to be used more effectively in line with the legislative purpose, effective countermeasures such as cooperation with the government and related organizations and provision of benefits for insured companies should be prepared. Thus, the author of this study discuss the current status of personal information protection liability insurance system and the issues raised in the operation of the system. Based on the results of this analysis, the authors propsoe tasks and plans to establish an effective personal information protection liability insurance system.