일본의 개인정보보호법제의 최근 동향 = 「개인정보의 보호에 관한 법률안」을 중심으로

다국어 초록 (Multilingual Abstract)

In Japan, to protect personal information by government there's been 「Act on the Protection of Personal Information by Administrative Agencies」since 1988 in the public sphere. On the other hand, in the civil sphere there isn't any general act like that, they have protected several kinds of personal data repectively by special laws like 「Protection of Communications Secrets Act」, 「Use and Protection of Credit Information Act」, etc. and the rest has been charged to self-regulation of buisiness sectors. So 「Bill of Protection of Personal Information」is being submitted to the legislative body.
The bill will serve as an organic law by clarifing the fundamental rule of personal data protection applying both public and civil area. At the same time it will serve as a general law of civil area and apply the rule to the business sectors dealing with personal data. Also the bill includes an Escape Clause(Art. 55) and a Consideration Clause(Art. 40) to solve the contradiction between constitutional rights and administrative control.
With reference to Japanese legal policy, we should adopt the omnibus legal style over the public and civil area, and advance the strict regulation system specifically in public area. In respect to civil area, establishing a general statute law for personal information, we should make sectoral approaches to each area handling sensitive personal data (like financeㆍcredit, medical care, education, telecommunication). In addition, with considering the harmony between utility of personal data and protection of personal data unlike public area, we should do our best to balance between self-regulation and administrative control.

목차 (Table of Contents)

• Ⅰ. 서설-개인정보보호제도의 연혁
• Ⅱ. 개인정보보호법제의 현황
• Ⅲ. 개인정보보호법제화의 최근 동향
• Ⅳ. 「개인정보의 보호에 관한 법률안」(「個人情報の保護に關する法律案」)의 성격과 내용
• Ⅴ. 결어
• 참고문헌
• 〈Abstract〉