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Research on Legal Control Measures for Police Criminal Information Acquisition and Management

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(4), pp.381-419
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 3, 2024
  • Accepted : November 24, 2024
  • Published : November 30, 2024

Lee Keon Su 1

1백석대학교

Accredited

ABSTRACT

Information is essential to police activities. Needless to say, information is needed for criminal investigation, and for preventing international terrorism, information on trends, including people who are likely to commit such acts in the future and those around them, is essential. Intelligence also plays an important role in optimizing limited police resources. Without the acquisition, accumulation, and use of sufficient information, appropriate police activities will not be carried out under optimal resource distribution, and the level at which the purpose of establishing the police will be achieved will be lower. Therefore, this article examines what problems there are when investigative agencies request companies or organizations that hold information about third parties to provide information when conducting a criminal investigation and how to control it. In particular, we will discuss what means are used to obtain information and what controls are possible in managing the information held. The level of acquisition, accumulation, and use of information by the police is determined not only by regulations such as granting or accumulation of information acquisition authority to the police, but also by the degree of cooperation with the police by other people. Restricting the police’s collection and accumulation of personal information and its use reduces the burden of enjoying general disadvantages, but it also means increasing other costs or allowing a decrease in the level of safety. On the other hand, with regard to the acquisition and accumulation of information by the police and its use, there is a violation of rights and freedoms during the acquisition process, violation of the reputation of the person concerned or the freedom to not be known to others by leaking the accumulated information, and disclosure to others. There is a possibility that problems such as infringement of freedom by being used, imposition of unfair disadvantages, and disadvantages due to unfair use or abuse by the police may arise. Disadvantages arising from the original use to the subject should not be considered. When discussing the ‘risks’ of police holding personal information, you should either avoid including this type of ‘disadvantage’ or clearly indicate that your view is discussing this type of ‘disadvantage’. If incorrect information is used, you may be at a disadvantage. Additionally, in addition to concerns about violations of individual rights and freedoms and imposition of disadvantages, there is a general sense of anxiety due to the uncertainty of how information will be used in the future if information is continuously retained, a sense of infringement, and a chilling effect on citizens’ behavior. It can be said that problems may also arise. These concerns are not unfounded. Also, when you have information, you want to use it as much as possible to lead to desired results or to avoid unwanted results. It is a basic need of people running a business, and there is no denying that if it is easily available, it can lead to abuse. Meanwhile, in the world of criminal investigation, steady information collection is the basis of investigation. It is difficult to inform the suspect of all information that the investigative agency has. From the investigative agency’s perspective, requesting investigative cooperation from a third party holding personal information would be an extension of traditional investigations such as potential investigation or interrogation. It is difficult to demand that investigative agencies take voluntary action to suppress information in consideration of the person’s human rights or to notify the person that the information is being obtained. It goes without saying that it is undesirable for criminal investigations to be overly suppressed and the safety of society to be undermined. It is difficult to achieve this balance with a criminal investigation system alone. There is a need to review complementary systems in addition to personal information protection systems and legal protection for special information. So far, the strengthening of practical control through faithfulness of administrative rules has been advocated as a realistic measure. In addition, this article reveals the direction of enacting ordinances and the matters to be considered at that time.

Citation status

* References for papers published after 2023 are currently being built.