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Recognition of the right of personal information as a Constitutional Right

  • Public Land Law Review
  • Abbr : KPLLR
  • 2007, 35(), pp.315-333
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

권헌영 1

1한국정보사회진흥원

Accredited

ABSTRACT

In 2005, the Korean Constitutional Court made a series of decisions on the finger printing policy that recognized for the first time the right of self-determination over personal information. The right of self-determination over personal information is one of the most important fundamental rights in an information society, and the fact that the Korean Constitutional Court has recognized this right as a constitutional right has a special meaning for Korea as it prepares to build one of the world's most advanced information society. However, the position taken by the Constitution Court in also acknowledging the abstractness of laws and regulations that form the basis of the finger print and resident registration institutions on such subjects as resident registration and the digitalization of education administration information, must be carefully re-examined.The recognition of the right of personal information as a constitutional right means that a strict legal basis must be provided for, and the plea for clarity and exactness in the legislative activities regarding this issue is an imperative that cannot be ignored. In the end, the right of personal information will attain a meaningful status as a constitutional right only when relevant matters pertaining to the right including the intent of information gathering, digitalization, and the steps involved in providing the information to others are specified by clear and precise legislations

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