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@article{ART002224877},
author={신평우 and 조덕근},
title={A public review on the collection of information such as spatial information in terms of basic rights protection},
journal={Public Land Law Review},
issn={1226-251X},
year={2017},
volume={78},
pages={121-144}

TY - JOUR
AU - 신평우
AU - 조덕근
TI - A public review on the collection of information such as spatial information in terms of basic rights protection
JO - Public Land Law Review
PY - 2017
VL - 78
IS - null
PB - Korean Public Land Law Association
SP - 121
EP - 144
SN - 1226-251X
AB - The efforts of the public sector to acquire spatial information in order to collect information for maintaining order and to expand the service of the people by building various spatial information may be a natural book of the modern nation. It is also understandable that many companies around the world who provide various services using spatial information are not only profitable but also efforts to make people a more convenient world. However, it is also necessary to examine the possibility that such national administration and private enterprise's efforts for the people may sometimes infringe on the basic rights of the people, and the legal limitations must also be clearly defined. In particular, as we have seen in this study, the risk of information infringement by private companies shows a degree of severity that surpasses that of state agencies. Therefore, the third - party effect of basic rights in the Constitution is done in a lot of fields in the advanced information society, and it poses problems in various information laws along with constitutional issues. First of all, it is necessary to identify the minimum preconditions that will ultimately be compatible with the spirit of information protection, while at the same time enjoying the high benefits of spatial information services and protecting the moral and property rights of related parties. The level of fundamental rights protection for the parties or assets caught in spatial information gathering is insufficient, and the key domain of the information self - determination right guaranteed by the Constitution is at stake. It is therefore clear that the ineffectiveness of the state can no longer be in line with the constitutional value order. A series of processes for collecting spatial information should be accompanied by all possible legal and technical measures to ensure that the fundamental rights of the parties are not violated. The first original data should be deleted or the data that can be regarded as personal information should be treated as unrecognized, and rights like the objection right of the parties should also be secured procedurally. As a result of this study, the legal and technological direction that can be verified through the examination of the possibility of the basic rights in the Constitution, the third - party effects of basic rights, conflicts of basic rights and profits are as follows. First, when gathering spatial information to comply with the principles of the due process in the Constitution and the strict application of the principle of excessive prohibition, the information is closely related to the citizens' right to information self-determination, so its purpose should be clear and necessary It should be collected in a legal and fair manner within a minimum scope. It should not be used for purposes other than the purpose. Also, it should ensure the accuracy of the processing information, ensure the safety of the protection, , The collection and utilization of spatial information, and the handling of personal information should be disclosed, and the right of the information subject, such as the right to request the viewing of processed information, should also be guaranteed. Although it is considered to be the most desirable method to establish the "Individual Space Information Protection Act" (tentative name) that contains these principles and contents, much more effort and time are needed, so a more realistic and short- It is a plan to establish new regulations on protection. If spatial information is classified into individual related basic spatial information, basic spatial information likely to be related to individual, and basic spatial information not related to individual, and the level of protection for each of the information is determined differently, The level of protection will have to be determined.
KW - spatial information;Geographic information;big brother;information society;Information Collection;Information protection;Obligation to protect fundamental rights;Geographic Information System
DO -
UR -
ER -

신평우 and 조덕근. (2017). A public review on the collection of information such as spatial information in terms of basic rights protection. Public Land Law Review, 78, 121-144.

신평우 and 조덕근. 2017, "A public review on the collection of information such as spatial information in terms of basic rights protection", Public Land Law Review, vol.78, pp.121-144.

신평우, 조덕근 "A public review on the collection of information such as spatial information in terms of basic rights protection" Public Land Law Review 78 pp.121-144 (2017) : 121.

신평우, 조덕근. A public review on the collection of information such as spatial information in terms of basic rights protection. 2017; 78 121-144.

신평우 and 조덕근. "A public review on the collection of information such as spatial information in terms of basic rights protection" Public Land Law Review 78(2017) : 121-144.

신평우; 조덕근. A public review on the collection of information such as spatial information in terms of basic rights protection. Public Land Law Review, 78, 121-144.

신평우; 조덕근. A public review on the collection of information such as spatial information in terms of basic rights protection. Public Land Law Review. 2017; 78 121-144.

신평우, 조덕근. A public review on the collection of information such as spatial information in terms of basic rights protection. 2017; 78 121-144.

신평우 and 조덕근. "A public review on the collection of information such as spatial information in terms of basic rights protection" Public Land Law Review 78(2017) : 121-144.