Ubiquitous, representing high technology in the future, makes the environment which enables people to be networked anywhere, anytime with any kind of device and to use the network conveniently and quietly. So people even do not recognize the environme...
Ubiquitous, representing high technology in the future, makes the environment which enables people to be networked anywhere, anytime with any kind of device and to use the network conveniently and quietly. So people even do not recognize the environment itself. This network is not disconnected under any circumstances.
While the previous informatization tries to put everything into a computer, nowadays a computer is put into everything. Cyberspace fuses with real space naturally through the network. So it becomes the third space which combines physical space with spiritual one and then creates another living thing. This third space is made out of fusing IT, BT, and NT. Therefore, today needs protection of the third space, not protection of the information of the information age.
Informatization of ubiquitous-oriented society has both an advantage and a disadvantage. This kind of society provides people economic benefits and solves various systematic problems, such as transportation, health care, education, labor, etc. But it endangers people with changes in the life environment at the same time. This means personal information exposure would be possible with a microminiaturized chip without their knowledge. That is, people's personal information would be collected unawarely by someone who needs it, because of concealability of tools, creativity of information, unique indentifiability, and high traceability. It would make realization of informed concent principle difficult. Especially, violation of sensitive information, such as RFID, CCTV, biometric information, the location information, etc. would increase.
This thesis analyses characteristics, types and main causes of personal information violation at ubiquitous environment. Through this analysis, it examines the present condition and problems of personal information protection laws, which are against violation of the basic rights. And then, it looks into the limitation of Personal Information Management Control Right. As an alternative of these, this thesis proposes Personal Information Formation-Management-Control Right, which is the extended concept of Personal Information Management Control Right, and Personal Space Formation-Management-Control Right, which is based on the third space. And it shows the direction of legislative system for personal information protection laws, which are suitable for ubiquitous environment. Then, it suggests that forming new legislative system of privacy protection laws should be needed, through legislation for tentatively named "The Third Space Privacy Act" and tentatively named "Ubiquitous Privacy Act."
This thesis is divided into 6 chapters. The first chapter describes the purpose and methods of this study. The second chapter examines the concept of ubiquitous, various violation causes, types and fields of personal information, and the seriousness of information privacy violation. In addition, it raises the necessity of the third space privacy protection and establishes the concept of the third space and the third space privacy. The third chapter examines international organizations under ubiquitous environment, the present condition of personal information protection laws in the world, and the present condition of legislation for RFID, CCTV, the information of the caller's location, and biometric information. The fourth chapter examines the present condition of domestic ubiquitous-related laws, and analyzes difficulties about applying Personal Information Management Control Right, which is the right to protect personal information, and problems of the present ubiquitous-related laws and personal information protection act(a bill). The fifth chapter proposes improvement plans on these problems: First, to form a concept of Personal Information Formation-Management-Control Right for personal information protection under ubiquitous environment. Secondly, to elicit Personal Space Formation-Management-Control Right for the third space protection. Third, to revise both information privacy protection principle and the third space privacy protection principle under ubiquitous environment. Fourth, to propose improvement plans on the present personal information protection laws, tentatively named "Personal Information Protection Act," and other individual laws. Fifth, ultimately, to raise the necessity of tentatively named "The Third Space Privacy Act," which is based on basic rights, such as protection principle of the third space privacy as well as personal information. At the same time, to claim the necessity of legislation of tentatively named "Ubiquitous Privacy Act" and tentatively named "Integrated Ubiquitous Act," which are very suitable for ubiquitous environment.