개인정보보호법제 관점에서 본 빅데이터의 활용과 보호 방안 (A Study on the Harmonization of Use of Big Data with Privacy Protection)

서지정보

· 발행기관 : 단국대학교 법학연구소
· 수록지 정보 : 법학논총 / 37권 / 1호 / 509 ~ 559페이지
· 저자명 : 이창범

초록

The essence of big data is the integration and profiling of data. Thus, the big data is closely connected with privacy. The unrestricted correction, combination and use of data is at risk for development into the big brother. On the contrary to this, the strict limits on the correction and use of data mean a serious loss to the national economy and the social welfare. Therefore, we must pay special regard to the harmonization of use of big data with privacy protection. The main privacy law issues in big data are the identification of the data subject, opt-in vs opt-out, integration of data, right of self-control on one’s own personal data and so one. First, the Personal Data Protection Act(PIPA) applies to all kinds of data relating to an identified or identifiable natural person. Then how are log record, cookies information, location information and atypical data from which eliminate data subject’s name and identifier? Second, PIPA adopts Opt-in scheme. Especially it also requests the explicit consent of the data subject when the data controller collects and uses data for historical, statistical or scientific purposes. Third, PIPA do not allow the profiling of data and the further processing of data in a way incompatible with the original purposes. So the data controller can not integrate in principle data or database without the data subject’s overt consent. Lastly, the data subject’s rights are ignored in actuality by abuse of consent. Although PIPA adopts the very strict policy on the correction and use of data, it permits the comprehensive correction and use of data so long as the data controller acquires the data subject’s consent. In conclusion, PIPA must be reformed or revised in order to collect and use data for historical, statistical or scientific purposes and introduce Do-Not-Track,Privacy by Design, Privacy by Default, Right to be forgotten, Data protection impact assessment and so one for the harmonization of use of data with privacy protection in big data environments.

영어초록

The essence of big data is the integration and profiling of data. Thus, the big data is closely connected with privacy. The unrestricted correction, combination and use of data is at risk for development into the big brother. On the contrary to this, the strict limits on the correction and use of data mean a serious loss to the national economy and the social welfare. Therefore, we must pay special regard to the harmonization of use of big data with privacy protection. The main privacy law issues in big data are the identification of the data subject, opt-in vs opt-out, integration of data, right of self-control on one’s own personal data and so one. First, the Personal Data Protection Act(PIPA) applies to all kinds of data relating to an identified or identifiable natural person. Then how are log record, cookies information, location information and atypical data from which eliminate data subject’s name and identifier? Second, PIPA adopts Opt-in scheme. Especially it also requests the explicit consent of the data subject when the data controller collects and uses data for historical, statistical or scientific purposes. Third, PIPA do not allow the profiling of data and the further processing of data in a way incompatible with the original purposes. So the data controller can not integrate in principle data or database without the data subject’s overt consent. Lastly, the data subject’s rights are ignored in actuality by abuse of consent. Although PIPA adopts the very strict policy on the correction and use of data, it permits the comprehensive correction and use of data so long as the data controller acquires the data subject’s consent. In conclusion, PIPA must be reformed or revised in order to collect and use data for historical, statistical or scientific purposes and introduce Do-Not-Track,Privacy by Design, Privacy by Default, Right to be forgotten, Data protection impact assessment and so one for the harmonization of use of data with privacy protection in big data environments.

참고자료

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