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A Study on the Licensing Agreement of Personal Information on the Internet

  • Informatization Policy
  • Abbr : 정보화정책
  • 2003, 10(1), pp.143-170
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

배대헌 1

1계명대학교

Candidate

ABSTRACT

The interest that national and international institutions take in personal information(or personal data; hereinafter PI) processing is not new, but stringent after the advent of internet. The facilitation of internet service by virtue of the telecommunication gives the user(or subscriber) the advantages to save the time/money as well as the disadvantage to worry about the reliance and the security of transactions. One of the discussing materials is PI which to collect, use, and transmit to the third persons. Even the PI is placed as an considerably influential data in the electronic transaction, there is no concrete discussion to protect the PI on the existing civil laws, i.e. legal approach with the property rules and/or the contract rules, except the tort(s) theory against the invasion of the PI. In this article, the PI is the matter which have not only the attribute of the general information, is but also illustrated as the substance of electronic transaction with the economic value such as the personal property. Contract rules is reviewed for the legal protection of the online PI on this basis of the collection and use of the information. It has a conclusion that the contract rules are suitable to apply to the collection, use of PI from the information subject, and the transmission to the thirds; that is the licensing agreement. The licensing is to performed upon the personal date protection laws which allowed on the condition that the processing meets specified, explicit and legitimate purposes.

Citation status

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

This paper was written with support from the National Research Foundation of Korea.