• Title/Summary/Keyword: Privacy Act

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The Legal Justice of Conferring Criminal Negligence on Chief Privacy Officers(CPO) (개인정보관리자의 책임과 벌칙의 형평성)

  • Kim, Beom-Soo
    • Journal of Information Technology Services
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    • v.10 no.4
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    • pp.21-32
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    • 2011
  • The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

A Study on Privacy Compliance Indicators Based on Privacy Act's Penalty Provisions (개인정보보호법 벌칙조항에 근거한 개인정보보호 이행 점검 지표 연구)

  • Son, Tae-Hyeon;Park, Jeong-Seon
    • Proceedings of the Safety Management and Science Conference
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    • 2013.11a
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    • pp.569-578
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    • 2013
  • This paper which took effect in September 2011 to comply with the Privacy Act were studied in terms of the provisions for penalties. Article 70 to 75 of Privacy Act in was considered with mandatory provisions of items, and for the compliance required actions was developed and item indexing according to collection, use, offer, charge, destroying of life cycle of personal information.

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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.

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 Comparative Study of Regional Medical Information Protection Act and Privacy Act (국가별 개인정보보호법 및 의료정보보호법의 비교연구)

  • Bang, Yun-Hui;Rhee, Hyun-Sill;Lee, Il-Hyun
    • The Journal of the Korea Contents Association
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    • v.14 no.11
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    • pp.164-174
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    • 2014
  • The purpose of this study is to explore ways to resolve the conflicting issues that are currently applied in medical Act and medical privacy Act through the comparative Analysis of the Privacy Act and the Medical Information Protection Act foreign. the results run to establish the Public Health Act coming for the protection of health information is a characteristic of many countries, France in Europe, the United States and Canada had been running an independent medical information laws are enacted. Prescribes penalties of up to a fairly systematic method from the case records of patients would not have occurred in the management and implementation of the law and the protection of the author of the book focuses on the subject of medical records and physician records between patient confidentiality and privacy it can be seen that the method defined in. This indicates the need for the establishment of an independent medical information laws to protect all records relating to the patient systematically Korea also.

A Research on Institution's Countermeasure for Personal Information Protection Act Based on the Examples of Performing the Privacy Impact Assessment (개인정보 영향평가 수행 사례에 기반한 기관의 개인정보보호법 대응방안에 관한 연구)

  • Cho, Sung Kyu;Jun, Moon Seog
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.8 no.1
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    • pp.89-98
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    • 2012
  • According to the enforcement of Personal Information Protection Act as of September 2011, the laws and regulations for the protection of personal information that were applied only to the certain sectors such as information & communication network, financial institutions, public sector etc. for the time being has been expanded to apply to all public and private sectors to process personal information. In particular, because the public institutions are obliged to be mandatorily conducted of the Privacy Impact Assessment, it will be enforced in earnest for each agency's informationization business that handles personal information. In this paper, I examine the most derived vulnerability and set up the improvement measure to supplement it with the examples of 10 of all the institutions conducting the Privacy Impact Assessment in the year 2011. And, I suggest the measures to be prepared by the institutions to observe the Personal Information Protection Act.

Legal Issues of Blockchain in Personal Information Protection : Based on GDPR and Personal Information Protection Act (개인정보보호법제 관점에서 본 블록체인의 법적 쟁점 GDPR 및 국내 개인정보보호법을 바탕으로)

  • Park, Minjung;Chai, Sangmi;Lee, Myoung Jun
    • Journal of Information Technology Applications and Management
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    • v.25 no.2
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    • pp.133-146
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    • 2018
  • The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.

Analysis on Domestic and Foreign Privacy Information Acts to Suggest Directions for Developing Korean Privacy Information Protection Act (국내 개인정보보호법의 발전방향 제시를 위한 국외 개인정보보호법 분석)

  • You, Han-Na;Kim, Hyung-Joo;Lee, Jae-Sik;Park, Tae-Sung;Jun, Moon-Seog
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.22 no.5
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    • pp.1091-1102
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    • 2012
  • With a recent rapid increase in infringement on privacy information, a need to protect privacy information is called for more than ever. Keeping pace with such concern and demands of the times, Korea has established and executed "Privacy Information Protection Act" on September 30th, 2011. This regulation was enacted from an individually regulated method to a basic regulation that includes public and private institutions. Also, the regulation includes diverse contents for the sake of protecting privacy information by expanding a range of protection subjects and limiting the process of uniquely identifiable information. In this context, the study has suggested a direction for development on Korea's Privacy information Protection Act by taking a look at the status on privacy information protection acts from home and foreign nations and conducting a comparative analysis between domestic and foreign acts.

A study of the User Privacy Protection Behavior in Online Environment: Based on Protection Motivation Theory (인터넷상에서의 개인정보 보호행동에 관한 연구: 보호동기이론을 중심으로)

  • Park, Chanouk;Lee, Sang-Woo
    • Journal of Internet Computing and Services
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    • v.15 no.2
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    • pp.59-71
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    • 2014
  • This study applied customer perspective to find out ways how to protect customers' privacy by themselves. It does so by examining the factors which affect customer privacy protection behaviors. Based on the Privacy Act, this study developed the construct of Privacy Rights awareness and finds the law's effect on privacy awareness and behavioral change. The study finds that there exists a significant difference in privacy protection behavior according to privacy rights awareness. Independent variables are as follows: Five variables (Perceived vulnerability, Perceived severity, Perceived response effectiveness, Perceived barriers, Privacy Rights awareness) were tested as critical variables influencing Behavioral Intention in PMT model. Privacy awareness had a moderating effect on the relationship between perceived severity and privacy protection behavior. This study would contribute on theoretical expansion of Protection Motivation Theory and also provide practical implications for effective ways to promote behavioral changes.

A study on Utilization of Big Data Based on the Personal Information Protection Act (개인정보보호법에 기반한 빅데이터 활용 방안 연구)

  • Kim, Byung-Chul
    • Journal of Digital Convergence
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    • v.12 no.12
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    • pp.87-92
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    • 2014
  • We have noted a possibility of big data as a solution of social problem and pending issue. At the same time big data has a problem of privacy. Big data and privacy were in conflict. In this paper we pointed out that issue and propose a planning of big data based on privacy using case study of advanced country.