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개인정보 보호와 다른 헌법적 가치의 조화

Title
개인정보 보호와 다른 헌법적 가치의 조화
Other Titles
Harmonization between Personal Information Protection and the Other Constitutional Values
Author
황성기
Keywords
잊혀질 권리(right to be forgotten); 개인정보 보호(personal information protection); 표현의 자유(freedom of expression); 알권리(right to know); 영업의 자유(freedom of business); 민감정보(sensitive information); 개인식별정보(personally identified information); 개인식별가능정보(personally identifiable information); 상법
Issue Date
2012-11
Publisher
서울대학교 공익산업법센터 / Center for Law & Public Utilities
Citation
경제규제와 법 / Journal of Law & Economic Ragulation. 2012-11 5:20-36
Abstract
Concerning personal information protection, in the past, the direction of the policy and practices in market have focused on the utilization of personal information. However recently, with the enforcement of the Personal Information Protection Act in Korea, the trend of the protection of personal information from the EU is emerging. Especially the concept of a right to be forgotten made in the EU is a representative symbol which shows this direction of the protection of personal information. However, in Korean constitutional jurisprudence, a right to be forgotten is not a new one. Because, in the context of its content, a right to self-determination on personal information in Korean constitutional jurisprudence can already include a right to be forgotten. So the substantial meaning of a right to be forgotten is being understood that a right to be forgotten is a kind of rhetoric which can be a motivative chance to transfer from the policy of the utilization of personal information to the policy of the protection of personal information. Therefore, to ensure the practical meaning of a right to be forgotten, it is important to maintain a harmony between the utilization of personal information and the protection of personal information. Based on this stance, this purpose of this study aims to present a direction and abstract standard to make a harmony between personal information protection and the other constitutional values. In this study, to present a direction and abstract standard to make a harmony between personal information protection and the other constitutional values, the following factors was considered. First, consideration of discrimination or differentiation in kinds of personal information, for example, sensitive information, personally identified information, personally identifiable information, etc. is necessary. Second, consideration of discrimination or differentiation in kinds of other constitutional values, for example, freedom of expression, right to know, freedom of business, which conflict with personal information protection, is necessary. Based on the two factors, this study has proposed a direction and abstract standard to make a harmony between personal information protection and the other constitutional values.
URI
http://www.dbpia.co.kr/Article/NODE02053447http://hdl.handle.net/20.500.11754/40360
ISSN
2005-0372
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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