The recent development and spread of smart device, intellectualized technology, and social service led to the advent of smart era. Smart Era can be defined as a time when information customized to individuals is supplied by internet rapidly and accura...
The recent development and spread of smart device, intellectualized technology, and social service led to the advent of smart era. Smart Era can be defined as a time when information customized to individuals is supplied by internet rapidly and accurately, using products attached with high-tech intelligence. The higher possibility of infringement of personal information by various technologies and media also increased the necessity of personal information protection.
Although Personal Information Protection Act, which covers both public and private sector, was enacted and put into action in 2011, it has not been efficient to deal with privacy issues in smart era. Thus, it is imperative to secure the effectiveness of Personal Information Protection Legislation of Korea in step with the upcoming smart era.
The purpose of this study lies in reconsidering the status of the Personal Information Protection Act as a fundamental law and protecting personal information in the smart era. Many of the privacy issues occurring in the smart era are correlated with infringement of personal information in the internet that can be regulated by the Personal Information Protection Act and Act on Promotion of Information and Communications Network Utilization and Information Protection. As is often the case with the most of personal information, it is usually processed and regulated by information communication network. Considering that both laws have similar regulations, it is advised to enhance the status as a fundamental law and cope with rapidly changing technologies, letting the issues be taken care of by the Personal Information Protection Act.
As more information about individuals is saved in smart devices, the major component of smart era, the portability of smart devices increased the possibility of data spill by loss or theft compared to the existing personal computers. Furthermore, smart devices, which used to be considered the safe zone for viruses and malignant codes, are not safe anymore. There can be unauthorized collection of personal information, in the process of installation or use of application, without any consent of the principals of information. Restructuring of individuals with fragmented information by the rapid growth of information processing and analysis technology such as big data, profiling, and data mining gave birth to the privacy issues.
Legal issues on personal information protection in the smart era are presented in a variety of ways according to the media. Inaccuracy of personal information, infringement of location information, and applicability of domestic law are the issues to smart devices. SNS generates the issues related to the protection of personal information of the deceased, protection of voluntarily revealed personal information, and collection of personal information. Meanwhile, cloud computing bears the applicability of the Personal Information Protection Legislation of Korea, when overseas as well as domestic service providers violated any personal information.
In this respect, this study inquires into the necessity of personal information protection through the general theories, and looks through 'the Right to be Forgotten'. Furthermore, it reviews the overseas legislation cases of personal information protection and speculates upon the way of applying them to the domestic cases, to further analyze the major contents and issues of current system and then suggest measures to settle the issues of infringement on personal information in the smart era.