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논문 기본 정보

저자정보
(경북대학교)
저널정보
한양법학회 한양법학 한양법학 제27권 제1집 (통권 제53집)
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    초록·키워드

    Recently, the ICT sector is represented by ICBM (IoT, Cloud, BigData, Mobile). Big Data is one of the new trends in the ICT sector. Its potential is quite large, so there is a need to develop and foster. On the other hand, big data technologies will be transformative in every sphere of life. There are considerable questions about how our framework for privacy protection applies in a big data ecosystem. Data analytics have the potential to eclipse longstanding civil rights protections in how personal information is used in housing, credit, employment, health, education, and the marketplace.
    According to the European Commission, personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer’s IP address. Valid consent must be explicit for data collected and purposes data used. Data controllers must be able to prove "consent" (opt-in) and consent may be withdrawn.
    Personal data protection is the relationship between collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them. Privacy concerns exist wherever personally identifiable information or other sensitive information is collected and stored – in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. Data privacy issues can arise in response to information from a wide range of sources, such as: Healthcare records, Criminal justice investigations and proceedings, Financial institutions and transactions, Biological traits, such as genetic material, Residence and geographic records, Ethnicity, Privacy breach, Location-based service and geolocation. The challenge in data privacy is to share data while protecting personally identifiable information. The fields of data security and information security design and utilize software, hardware and human resources to address this issue. As the laws and regulations related to Data Protection are constantly changing, it is important to keep abreast of any changes in the law and continually reassess your compliance with data privacy and security regulations.
    In Korea, if you look at it based on laws related to big data, including the Personal Information Protection Act (PIPA), whether or not equipped with the adequate measures for the protection of personal data and privacy is still questionable. "Legislation regarding the use and industrial development of big data(Tentative title)", and amendments to the Personal Information Protection Act (PIPA), and Communication Network Act Amendments, etc. will require some improvements with regard to the protection of privacy.
    In conclusion, considering the before mentioned comprensively, it is important that we will take a balanced stance of legitimate interests between owners and users of information in the enactment of legislation relating to Big Data. Especially including extending more privacy protections, I hope that the bill will legislate in that direction. In short, when looking at the US and the EU, such as international trends related to privacy, I think that we need the following legislative improvements can be proposed such as: "Privacy by design", "Do-Not-Tract" and "Right to be forgotten" etc.

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      UCI(KEPA) : I410-ECN-0101-2016-360-002571415