1. Up to now, the issue of protection for personal information mainly has been dealt with the subject of public sector that government agencies were excessively collected personal information as protection subject of human right. It is about important...
1. Up to now, the issue of protection for personal information mainly has been dealt with the subject of public sector that government agencies were excessively collected personal information as protection subject of human right. It is about important the issue at today. However today the issue is brought up increasing in trespass possibility by the collection, utilization, offer of personal information in private sector as well as public sector. So to speak, it is issued that personal information is collected, utilized, offered large quantities in transaction relations of private sector of information communication field, finance field, medical treatment field, education field, currency field, and so on. The development of technology of information communication is easily to do collection, combination and accumulation of personal information. And it makes to enlarge property value as goods of personal information. So personal information has enlarged trespass possibility as object of transaction. Accordingly protection necessity of personal information get to be important issue and somewhat effective protection get to be matter of grave concern in the inside and outside of the country.
However today also the utilization of personal information in public sector and private sector get to be essential condition.
So issue of protection for personal information get to be subject of harmony and balance of protection and utilization to personal information.
2. On one side, originally protection for personal information was asserted protection necessity to base on individual right of privacy. Right of privacy based on dignity of human as the natural rights and the position of human right is fundamental right to protect freedom of one's mind. It is privacy that the freedom of one's mind is extended protective sphere in addition to concept of positional and spatial territory.
In this protective sphere of privacy, various facts come, integrate, accumulate and in result have to be worth. Like this, it is personal information that privacy assume the standard form to be able to record.
The right of privacy to protect privacy can divide traditional negative right of privacy into modern positive right of privacy. the former means 「right to be let alone」 and the latter means informational privacy so to speak 「right of self-information control」.
And there is the difference between the privacy protection as a whole and protection for personal information in relation to informational privacy. The privacy protection as a whole is not standardized contents because of various meanings of privacy concept.
However importance of privacy protection has been discussed synthetically. There is law of privacy protection that it prescribes some guiding principle and standard to be interpretation standard. It is protection in the preceding step that privacy get to be personal information.
On the other hand, the protection for personal information means that privacy assumes the form to be able to record. So it is protection that privacy as external form is able to treat and manage. Therefore law of the protection for personal information means law to secure prevention of illegal informational acquisition and appropriate informational acquisition and utilization.
It has a character as the law of manager relation of personal information which regulates to collect, utilize, offer, maintain and manage appropriate of personal information in regard to manager of personal information.
So the protection system of personal information means system which prescribes regulation of personal information to collect, utilize, offer, maintain and manage.
Today personal information to be the issue is not necessary to enjoy individual privacy sphere. Merely nation and private businessman etc. are largely necessary to accompany service and business. Therefore nation and private business-man have taken advantage of personal information as a way to control the mass of people from a economic point of view. And a private person as a informational subject make a profit from point of view to enjoy standard and equal services.
3. Today mainly nation has protected to enact law in regard to the protection system of personal information of public sector. However each nation has been different regulative method in regard to the protection system of personal information of private sector. The regulation in regard to the protection personal information in private sector has care-fully coped with regulation because of having taken on character to limit private businessman's freedom of business. Whether self-regulation and government regulation apply or not in the protection system of personal information in the private sector have been discussed all these days. However today legal regulation to the protection personal information not only public sector but private sector is the current of the times international. This is influenced by the limitation of self-regulation and EU's 「Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data」 Article 25.
The issue is a form of legislation. Each nation is different in regard to form of legislation. First, there is a omnibus form Which is all provision as a one law either public sector or private sector. There are OECD, EU, Germany, France, Sweden, England. Second, there is a segment form which is provision each other law either public sector or private sector. There are America, Japan, Korea. In company with the Second, there is a sectoral form which devise protection means to specific sphere in each sector. There is America.
Our country takes a segment form to prescribe segmental public sector and private sector
However provision of our country has got to investigate because it is inadequate provision contents and provision form in high information society and network society of today.
In current the protection system of personal information in our country, representative law in public sector can be 「Act of personal information protection in public agencies」.
However the law contains many problems that are insufficient regulation of informational aquisition step, extensive recognition of exception provision to utilization and offer, deficiency of substantive and procedural provision to utilization and offer of computer matching, limitative recognition of right of inspection claim, deficiency of protection provision to on-line utilization, etc. Accordingly the law is needed total revision.
And private sector take form to go abreast side by side regulation of individual law and self-regulation. Representative current law is 「Act of utilization and promotion of information communication network and information protection」.
However the law contain many problems that are indefinite regulative purpose, survival the dead angle zone of regulative subject, exception of hand operation treatment information, insufficient regulative contents of information aquisition step, etc. And self-regulation of private businessman is brought up fragility point not to settle problem of outlaw.
However utilization form and extent in private sector is various according to each field. Therefore it must devise protection means sufficiently to utilize the specific character. Accordingly the law and self-regulation form are needed total re-examination.
In high information society of today, current character of information and uniform treatment of the information are brought up substantive matter.
A important matter is whether personal information is adequate management and utilization or not.
In a point of adequate management, a nation(public sector) and a private(private sector) is not different. Consequently, it need that organization of the protection system personal information is reconstruct as a whole to appropriate character of social economy of our country, to seek adequate balance protection and utilization of personal information and to accord international requirement.
Therefore it is sincere that unification general law has to be enacted all to apply in the public sector and private sector.
On a basis this unification general law, it prescribes as the individual law that is sphere to be plenty necessity of protection for personal information.
And the private businessman can be self-regulation to fit character of sphere accordingly concrete matter in the private business sphere. Exactly, it needs to establish the protection system of personal information of compositive steps.
I think of devising balance between each step to be the best suited form of the protection system of personal information. Therefore first of all, the matter of enactment of unification general law must be settled without delay. This unification general law must prescribe the following con-tents. The contents is fact purpose and scope of the protection for personal information, second, fundamental principle of unification general law(① principle of information collection step of personal information, ② principle of utilization and offer steps of personal information, ③ principle of management step of personal information, ④ right of individual of personal information, ⑤ management responsibility and solicitude treatment, ⑥ application exception reason of fundamental principle etc.), third, role and responsibility of have to be done a people, fourth, role and responsibility of have to be done a nation and local government municipality. And this contents have to be prescribed clearly.