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The Role of Personal Information Protection Law and Criminal Law

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(1), pp.335-364
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : February 9, 2023
  • Accepted : February 25, 2023
  • Published : February 28, 2023

Hong, Seung-Hee 1

1원광대학교

Accredited

ABSTRACT

The change in the digital environment, called the Fourth Industrial Revolution, has also brought about a major change in the environment surrounding 'personal data'. Typically, personal data was previously subject to protection, but now as digital services that actively utilize personal data have been developed, personal data is now subject to protection and utilization at the same time. These changes were actually reflected in the revision of the Personal Data Protection Act in 2020 and are currently in effect. Customized services that combine personal data and artificial intelligence(AI) are currently being implemented mainly by public institutions, but the demand for them is increasing, and services using personal data are being prepared in all industries. As such, the use of personal data is increasing, but on the other hand, illegal activities surrounding personal data are also identified as new criminal acts, and strong sanctions are being requested. Since the current Personal Data Protection Act also stipulates the imposition of punishment as a strong sanction, the Personal Data Protection Act can be said to be a kind of special criminal law, and thus the normative principle that the criminal law should comply with should be realized. However, the development of information technology called personal information makes it difficult to realize normative principles in conservative laws, especially in the most conservative criminal law. As such, the normative principles of the traditional criminal law are often dismissed as even in legislation according to the changes of the times. However, the criminal law should be cautious in order to realize criminal justice by building legal stability and citizens' trust.

Citation status

* References for papers published after 2022 are currently being built.