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A Study on the Privacy Laws in Response to the Changes in the Information and Communication Environment
This dissertation aims to examine the legal issues of privacy laws in terms of collector, user, and provider of personal information in accordance with the changes of the information and communication environment.
Especially, Internet of Things, Big Data, Cloud, and Location information which are called Hyper-connected Society, have been unpredictably causing the change of using environment. In the internet world where virtual world and real world are mixed, anxiety of privacy invasion is increasing and various reaction systems to the privacy self-determination are required.
Our constitution stipulated the secret and freedom of privacy, and recently privacy laws have been improved. However, cyber space, internet, can have problems about the data protection and the regulations on false or risky information. On the other hand, the freedom of expression through people's free communication have faced the dilemma where the 'use' and 'protection' become stalemate.
This is due to the slow improvement of privacy laws for ensuring privacy self-determination in accordance with the rapid development of information and communication technology as well as the changes of their using environment. And it's been also caused by the relevant authorities' unclear and ambiguous interpretations on the privacy invasion such as seeking economic benefits by improperly using personal information which can be criminal behavior.
Basic right infringement in the information and communication environment can be done not only by the national government with authority, but done in the private sector by the giants and the power of capital held by criminal groups. So, to aggressively deal with the infringement by the private sector not by the national authority, personal information and privacy should be considered in the area of people's basic right protection obligation of the national authority as well as in the area of basic right infringement in the private sector.
Accordingly, I looked at the basic right infringement in the changes of using environment as an ICT power and at key issues on information right. And I tried to find out the minimum rights for the guarantee of basic rights and privacy self-determination. In other words, it's whether people's right of privacy self-determination is being guaranteed in such related systems as Big Data, Cloud, Internet of Things, and Location Information. In addition, I examined whether there is a possibility of privacy invasion from the misuse, abuse, and inaccuracy of personal information in accordance with the changes of information and communication environment.
The solutions to the privacy issues will propose an alternative to contribute to free sharing of information, new value creation, and information order establishment. And in order to exercise privacy self-determination, it is needed that claims of inspection of personal information, claims of corrections, claims of deletion, claims of blocking, and claims of processing stop should be acknowledged as basic rights. The human dignity and values specified in the article 10 of the Constitution and the guarantee of privacy in the article 17 should be ensured properly.
I expect that in the changes of information and communication environment, the maintenance of privacy laws and the implementation of special laws protecting individual requirements will be done in the future.

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