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The Protection of personal Information and Principle of the Proportion in the Police Intelligence Activities

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 51(), pp.485-506
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Cho Man Hyeong 1

1동신대학교

Accredited

ABSTRACT

It is necessary that the police activities, which is for the public interest, should be controlled because it is closely related to privacy. The development of information process technology has brought about the major change in collecting and processing the personal information, but it has also caused the problem of the privacy invasion. This matter takes place, for the protection of personal information and the abuse of the police authority conflict with the contradictory request which is liberty and the right guarantee of citizen and the public wellbeing and the maintenance of order. The presented solutions for the problem is a limit of the police intelligence activities. It is the principle of the proportion that is often quoted as a control cause. This Principle of the Proportion has an important meaning in judging whether to keep the personal information which is collected and stored by police. First of all, police's collecting and processing the information related to the individual must be appropriate for the attainment of the aim. Second, the actions of all national agencies for that activities is minimal for achieving their goals. In their activities, there must be a resonable proportionate relationship between the pursued public interest and the harm of all connected. Therefore, applying to the principle of suitability, the police should distinguish menas from that which is allowed by the law and then among the means, they choose one that gives the least burden to the other party or a related person. After that, applying to the principle of the justification, they should determine the chance taken steps, comparing the harm and the public interest. In order to secure the individual information, the exercise of the police authority is suitable for the aim that police achieve the maintenance of the public wellbeing and order. Police choose the least means needed in attaining the goal and if it is administered under the principle that the individual right violation and reasonable balance, both the guarantee of individual right and the maintenance of the public wellbeing and order are achieved.

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