• Title/Summary/Keyword: Self-determination Right to Personal Information

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The Overview of the Public Opinion Survey and Emerging Ethical Challenges in the Healthcare Big Data Research (보건의료빅데이터 연구에 대한 대중의 인식도 조사 및 윤리적 고찰)

  • Cho, Su Jin;Choe, Byung In
    • The Journal of KAIRB
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    • v.4 no.1
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    • pp.16-22
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    • 2022
  • Purpose: The traditional ethical study only suggests a blurred insight on the research using medical big data, especially in this rapid-changing and demanding environment which is called "4th Industry Revolution." Current institutional/ethical issues in big data research need to approach with the thoughtful insight of past ethical study reflecting the understanding of present conditions of this study. This study aims to examine the ethical issues that are emerging in recent health care big data research. So, this study aims to survey the public perceptions on of health care big data as part of the process of public discourse and the acceptance of the utility and provision of big data research as a subject of health care information. In addition, the emerging ethical challenges and how to comply with ethical principles in accordance with principles of the Belmont report will be discussed. Methods: Survey was conducted from June 3th August to 6th September 2020. The online survey was conducted through voluntary participation through Internet users. A total of 319 people who completed the survey (±5.49%P [95% confidence level] were analyzed. Results: In the area of the public's perspective, the survey showed that the medical information is useful for new medical development, but it is also necessary to obtain consents from subjects in order to use that medical information for various research purposes. In addition, many people were more concerned about the possibility of re-identifying personal information in medical big data. Therefore, they mentioned the necessity of transparency and privacy protection in the use of medical information. Conclusion: Big data on medical care is a core resource for the development of medicine directly related to human life, and it is necessary to open up medical data in order to realize the public good. But the ethical principles should not be overlooked. The right to self-determination must be guaranteed by means of clear, diverse consent or withdrawal of subjects, and processed in a lawful, fair and transparent manner in the processing of personal information. In addition, scientific and ethical validity of medical big data research is indispensable. Such ethical healthcare data is the only key that will lead to innovation in the future.

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A Study on the Patient's Right to Know - Focused on Level of Knowledge, Demand, Evaluation and Practice - (의료소비자의 알 권리에 대한 연구* - 지식, 요구, 평가 및 실행 수준을 중심으로 -)

  • 백혜란;이기춘
    • Journal of Families and Better Life
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    • v.21 no.1
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    • pp.73-89
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    • 2003
  • The goal of this study was to estimate the knowledge on the patient about treating and attitude about their right to know and how they practice. That is the study seek to find how much they claim about their right to know and how they evaluate it. Additionally describe how much the patient carry on their right to know and find out that of each level's associations. This main Purpose of the study was to increase patient's right to know during in medical services. Socio-demographic variables, personal service variables and other used variables which levels of consumers knowledge, demand, evaluation and about right to know on practice level were analyzed statistically. For this purpose, the subjects of this study were consumers who had experienced medical services. The survey was conducted on 551 Korean aged in off-line by self-administered questionnaires. Final analyzed sample sizes are 551. The regression, ANOVA, t-test and other descriptive analyses were used. The obtained results were as When the consumers were estimated the level of Knowledge, the degree of respondent's level was middle state. The level of demand showed low tendency but their practice level was relatively high. On the other hand, consumer's demand for the patient's right to know was very high. The level of knowledge, demand, evaluation have affected positively to the level of consumers practices. Based on empirical research, the statistics of consumers' knowledge level was significant to other variables and effecting highly. It was recommended consumer education should be provided effectively to increase protecting their right.

A Study on the Introductioin of Data Trusts System to Expand the Rights of Privacy Self-Determination (개인정보 자기결정권 확대를 위한 데이터 신탁제도 도입 방안 연구)

  • Jang, Keunjae;Lee, Seungyong
    • Journal of Intelligence and Information Systems
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    • v.28 no.1
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    • pp.29-43
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    • 2022
  • With the advent of the Internet and the development of mobile digital devices such as smartphones and tablet PCs, the communication service paradigm began to shift from existing voice services to data services. Recently, as social network services (SNS) are activated and 4th industrial revolution technologies centered on ICT (Information and Communication Technologies) such as Big Data, Blockchain, Cloud, and 5G/6G are rapidly developed, the amount of shared data type and the amount of data are increasing rapidly. As the transition to a digital society begins actively, the importance of using data information, as well as the economic and social values of personal information are becoming increasingly important. As a result, they are actively discussing policies to revitalize the data information industry around the world and ways to efficiently obtain, analyze, and utilize increasingly diverse and vast data, as well as to protect/guarantee the rights of information subjects (providers) in various fields such as society, culture, economy, and politics.. In this paper, in order to improve the self-determination right of personal information on data produced by information subjects, and further expand the use of safe data and the data economy, a differentiated data trusts system was considered and suggested. In addition, the components and data trusts procedures necessary to efficiently operate the data trusts system in Korea were considered, and the non-profit data trusts system and the for-profit data trusts system were considered as a way to flexibly operate the data trusts system. Furthermore, the legal items necessary for the implementation of the data trusts system were investigated and considered. In this paper, in order to propose a domestic data trusts system, cases related to existing data trusts systems such as the United States, Japan, and Korea were reviewed and analyzed. In addition, in order to prepare legislation necessary for the data trusts system, data-related laws in major countries and domestic legal and policy trends were reviewed to study the rights that conflict or overlap with existing laws, and differences were investigated and considered. The Data trusts system proposed in this paper is a reasonable system that is expected to recognize the asset value of data in the capitalist market economy system, to provide legitimate compensation for data produced by data subjects, and further to contribute greatly to the use of safe data and creation of a new service market.

Meanings and Tasks of the Three Revised Bills which Ease Regulations on the Use of Personal Information (데이터 3법 개정의 의미와 추후 과제)

  • Kim, Seo-An
    • Convergence Security Journal
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    • v.20 no.2
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    • pp.59-68
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    • 2020
  • In January 2020, the National Assembly passed the revisions of three bills which ease regulations on the use of personal information. The revised laws include the launch of an independent supervisory body, the arrangement of redundant regulations, and regulations for the development of the data economy. This paper analyzes the content and meaning of each law of the Three Revised Bills that Ease Regulations on the Use of Personal Information. And the future challenges outline three aspects: the establishment of a system to ensure the right to informational self-determination of privacy concerns, the establishment of a certification system and the presentation of reasonable guidelines, and the expectation of professional performance by the Personal Information Protection Commission.

Future Tasks of the Law Forcing CCTV Installation in Operating Rooms (수술실 내 CCTV 설치 의무화 법안의 향후 과제)

  • Lim, Ji Yeun;Kim, Kye Hyun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.185-210
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    • 2021
  • On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

The Challenge of Personal Information Act for Oral History Project (구술자료의 수집과 서비스에 대한 개인정보 보호법의 도전)

  • Lee, Hosin
    • Journal of Korean Society of Archives and Records Management
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    • v.17 no.1
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    • pp.193-216
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    • 2017
  • The purpose of this study is to understand issues related to the Personal Information Act recently emerging in the field of oral history, and to prepare countermeasures for oral history academics and archives. The Personal Information Act is intended to protect the confidentiality and freedom of the constitutional privacy, and to assure the right to self-determination of information, thereby realizing the dignity and value of the individual. Oral history is intended for living persons; therefore, strict ethical standards are needed to protect the morality of the person behind the sound recordings and appears as the subject of oral history. However, if the uniform application of the Personal Information Act is made, it is a requirement to make the process of consenting and notifying excessively complex and almost impossible to realize, making collection and service of oral history resource improbable. The mechanical and strict application of the Personal Information Act does not come into being because it has the aspect of undermining the inherent intrinsic value of oral history resources and making it difficult to maintain the authenticity of the records. To solve these problems, it is necessary to revise Article 58 (4) of the Personal Information Act of Korea. In addition, it is necessary to establish a guideline for the establishment of independent ethical standards of oral history itself, especially for the protection of the moral rights of third parties.

Current Issues with the Big Data Utilization from a Humanities Perspective (인문학적 관점으로 본 빅데이터 활용을 위한 당면 문제)

  • Park, Eun-ha;Jeon, Jin-woo
    • The Journal of the Korea Contents Association
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    • v.22 no.6
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    • pp.125-134
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    • 2022
  • This study aims to critically discuss the problems that need to be solved from a humanities perspective in order to utilize big data. It identifies and discusses three research problems that may arise from collecting, processing, and using big data. First, it looks at the fake information circulating with regard to problems with the data itself, specifically looking at article-type advertisements and fake news related to politics. Second, discrimination by the algorithm was cited as a problem with big data processing and its results. This discrimination was seen while searching for engineers on the portal site. Finally, problems related to the invasion of personal related information were seen in three categories: the right to privacy, the right to self-determination of information, and the right to be forgotten. This study is meaningful in that it points out the problems facing in the aspect of big data utilization from the humanities perspective in the era of big data and discusses possible problems in the collection, processing, and use of big data, respectively.

A Study on the Analysis and the Improvement of the MyData System from a Consumer Behavior Perspective (소비자행동 측면에서의 마이데이터 제도 분석 및 개선방안 연구)

  • Young-Jong Lee;Seong-Yeob Lee
    • Industry Promotion Research
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    • v.9 no.3
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    • pp.163-174
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    • 2024
  • MyData is a new entity that strengthens the rights of information subjects through the 'right to data portability' and utilizes data to enable hyper-personalized services using personal information. Korea's MyData system is recognized globally as an outstanding system in that it is creating a new MyData industry by granting the right to information self-determination through the 'right to request data transmission'. Now in its third year, this study evaluates Korea's MyData system from a consumer behavior perspective and identifies issues for improvement. To this end, this study reviewed previous research on the relationship between regulatory policy and consumer behavior to determine the applicability of a consumer behavior perspective in institutional evaluation. In addition, in a study on consumer behavior related to MyData, variables that affect the use of MyData were investigated and evaluation items from a consumer behavior perspective were derived. As a result of evaluating Korea's MyData system from a consumer behavior perspective, it was found that the factors considered important by consumers were appropriately reflected in the system. However, in cases where there are dual values of ease of use and personal information protection, regulatory aspects tend to take priority. Therefore, in order to revitalize the MyData industry, it is essential to implement market-friendly system improvements without compromising consumer rights. This study is differentiated from existing studies in that it attempted to derive a plan for system improvement by combining empirical consumer behavior research and regulatory policy research.

The Improvement Plan of the Individual Information Protection of the Law on the Development of Cloud Computing and User Protection (클라우드 컴퓨팅 발전 및 이용자 보호에 관한 법률상 개인정보 보호에 대한 개선방안)

  • Lee, Hie-Houn
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.219-225
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    • 2019
  • Today, in the era of the 4th Industrial Revolution, the cloud computing sector has advantages for cost reduction and efficiency of work, but problems related to privacy may arise. Therefore, the law on the development of cloud computing and user protection should be improved to enable providers of cloud computing services to proactively identify whether or not they contain their personal information, or to take steps to protect their privacy. And this same law is desirable to improve the implementation of a national mandatory certification system for privacy protection systems for cloud computing businesses. This same law is also desirable that cloud computing service providers create direct accountability for privacy breaches and appropriate scope for those responsibilities.

Analysis of Personal Gait Characteristics According to Legs Imbalance Gait (하지 보행 불균형 상태에 따른 개인별 보행 특성 분석)

  • Cho, Woo-Hyeong;Kim, Yeon-Wook;Kwon, Jang-Woo;Lee, Sangmin
    • Journal of the Institute of Electronics and Information Engineers
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    • v.54 no.5
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    • pp.109-119
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    • 2017
  • In the present study, to determine walking imbalance using the walking analysis method, where limitations in the existing walking analysis have been minimized, we propose a new walking analysis method that adopts the following: self-developed equipment to measure the angles of left-right hip joints and knee joints; a determination system using symmetry index (SI); and dynamic time warping (DTW) similarity analysis algorithm to analyze individual walking styles. Normal and imbalanced walking tests were conducted for 12 subjects without walking disorder. From the SI calculation to determine imbalanced walking, both the normal and imbalanced walking styles can be determined using the angle measurements of the left-right hip joints and knee joints. In the analysis of the individual walking styles, the similarities at the center of the lower back, left-right thighs, and dorsum of the feet of the 12 subjects in both normal and imbalanced walking cases were compared. From the similarity analysis of the measured values during the normal and imbalanced walking tests, I determined that the walking pattern does not maintain the same stance when the body parts move during walking.