개인정보 보호와 다른 헌법적 가치의 조화

Abstract

Concerning personal information protection, in the past, the direction of the policy and practices in market have focused on the utilization of personal information. However recently, with the enforcement of the Personal Information Protection Act in Korea, the trend of the protection of personal information from the EU is emerging. Especially the concept of a right to be forgotten made in the EU is a representative symbol which shows this direction of the protection of personal information. However, in Korean constitutional jurisprudence, a right to be forgotten is not a new one. Because, in the context of its content, a right to self-determination on personal information in Korean constitutional jurisprudence can already include a right to be forgotten. So the substantial meaning of a right to be forgotten is being understood that a right to be forgotten is a kind of rhetoric which can be a motivative chance to transfer from the policy of the utilization of personal information to the policy of the protection of personal information. Therefore, to ensure the practical meaning of a right to be forgotten, it is important to maintain a harmony between the utilization of personal information and the protection of personal information. Based on this stance, this purpose of this study aims to present a direction and abstract standard to make a harmony between personal information protection and the other constitutional values. In this study, to present a direction and abstract standard to make a harmony between personal information protection and the other constitutional values, the following factors was considered. First, consideration of discrimination or differentiation in kinds of personal information, for example, sensitive information, personally identified information, personally identifiable information, etc. is necessary. Second, consideration of discrimination or differentiation in kinds of other constitutional values, for example, freedom of expression, right to know, freedom of business, which conflict with personal information protection, is necessary. Based on the two factors, this study has proposed a direction and abstract standard to make a harmony between personal information protection and the other constitutional values.