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@article{ART002261192},
author={KIM, GIBUM},
title={A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation},
journal={Crisisonomy},
issn={2466-1198},
year={2017},
volume={13},
number={8},
pages={85-100},
doi={10.14251/crisisonomy.2017.13.8.85}

TY - JOUR
AU - KIM, GIBUM
TI - A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation
JO - Crisisonomy
PY - 2017
VL - 13
IS - 8
PB - Crisis and Emergency Management: Theory and Praxis
SP - 85
EP - 100
SN - 2466-1198
AB - As the importance of the third party information as an investigative lead increases, there has been a growing concern about privacy violation. Although the criminal procedure law and other related laws in Korea require a warrant issued by a judge to obtain the third party information, this warrant requirement does not properly reflect a changing investigative environment based on the ICT mechanism. This has also raised controversy over the legality of the current practices of law enforcement agencies with respect to requesting the third party information. Therefore, this paper proposes to establish a “basic law of third party information request” which requires a court’s permission in lieu of warrant; systemizes a notification structure to guarantee the rights of data subjects and third parties, and establishes procedures for information disclosure and third party objection. In terms of the effectiveness of crime investigation, this law needs to set out the procedures for urgent request of information and the system of emergency protection order and provide a non-facing/copy execution of a warrant and mandatory identification of an investigator.
KW - third party information;communication secrets;search and seizure;criminal procedure;digital evidence
DO - 10.14251/crisisonomy.2017.13.8.85
ER -

KIM, GIBUM. (2017). A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation. Crisisonomy, 13(8), 85-100.

KIM, GIBUM. 2017, "A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation", Crisisonomy, vol.13, no.8 pp.85-100. Available from: doi:10.14251/crisisonomy.2017.13.8.85

KIM, GIBUM "A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation" Crisisonomy 13.8 pp.85-100 (2017) : 85.

KIM, GIBUM. A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation. 2017; 13(8), 85-100. Available from: doi:10.14251/crisisonomy.2017.13.8.85

KIM, GIBUM. "A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation" Crisisonomy 13, no.8 (2017) : 85-100.doi: 10.14251/crisisonomy.2017.13.8.85

KIM, GIBUM. A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation. Crisisonomy, 13(8), 85-100. doi: 10.14251/crisisonomy.2017.13.8.85

KIM, GIBUM. A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation. Crisisonomy. 2017; 13(8) 85-100. doi: 10.14251/crisisonomy.2017.13.8.85

KIM, GIBUM. A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation. 2017; 13(8), 85-100. Available from: doi:10.14251/crisisonomy.2017.13.8.85

KIM, GIBUM. "A Study on Improvements of the Legal System for Requesting the Third Party Information in Crime Investigation" Crisisonomy 13, no.8 (2017) : 85-100.doi: 10.14251/crisisonomy.2017.13.8.85