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A Critical Review on the Personal Information Protection Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 43(3), pp.809-826
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hun-Yeong Kwon 1

1광운대학교

Accredited

ABSTRACT

Since 1990s, Korea has been achieved a remarkable progress in e-government. Because administrative informatization-centered e-government policy inevitably entailed electronic processing of personal information, the area of establishing appropriate legal basis and managing legal procedures for handling personal information electronically has to be one of the essential areas of e-government policy. As a part of legal efforts, the Korean government enacted ‘Public Information Privacy Law’ in 1994, and ‘Public Information Privacy Law’ triggered to advance the field of personal information protection in detail. During Roh Administration(2003-2007) Korea's 20 year long and enormous efforts towards e-government finally were rewarded. The Korean government actually obtained successful results from all e-government initiatives. On the other hand, debates on personal information protection became a hot issue in the Korean society, and the best example is the resistance against NEIS(National Education Information System) happened at the every beginning of Roh Administration. After this event, the Korean government tried to improve personal information protection law by social discussions and experts' studies. However, this personal information protection improvement initiative failed while being discussed at the national assembly because the government did not specify the exact name of the responsible authority. Lee Administration, the successor of Roh Administration, has been working on the same subject but using a different approach. It reformed the governmental structure, but it did not change the actual contents. The most important thing in Korea now is to clarify where the responsibility of personal information infringement administration lies and expand the organization and human resources so that the use of personal information can be carefully monitored. Even though all above are not enough, it is preferential for the government to accomplish the legislative improvement of personal information protection law early

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