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A Study on legal issues related to the use and use of public security data - Focusing on the contents of the EU's major guidelines for utilizing public data -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 91(), pp.267-299
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2020
  • Accepted : August 21, 2020
  • Published : August 27, 2020

Ryu Ji Woong 1

1한국법제발전연구소

Accredited

ABSTRACT

Various discussions are emerging on the collection of public data on security-related public data and the utilization of data by major criminal and judicial agencies at home and abroad. The purpose of the project is to ultimately "maintain public well-being and order, including the protection of people's lives, bodies and property, the prevention, suppression and investigation of crimes, and the protection of crime victims," through the collection and analysis of public data in the security sector. As of 2020, for the public's security, the police are showing a distinctly different effort than in the past regarding the use of security and criminal data in existing criminal justice agencies. For example, since 2016, the National Police Agency has been trying to commercialize the AI system called CLUE, which predicts the possibility of a crime. In other words, prediction of the likelihood of similar occurrence of certain crimes under certain conditions in the future is essential for the safety of the people through various data, such as patterns of occurrence of such crimes, crimes committed in certain areas, and local statistical figures. However, these research and development projects being attempted by the police have a somewhat different direction from the government's push to promote the provision and use of public data. In other words, rather than opening up public data held by the government and public institutions, the focus is on drawing meaningful information by utilizing internal police data or using it for security policy and investigation practices. The fundamental cause of this phenomenon is not because of the low quality of public data on public security provided by criminal law enforcement agencies, but rather because the core of the security data held by the police is crime-related information, which is not accessible to police officers and is strictly controlled from public disclosure. The police cite the "Act on Information Disclosure of Public Institutions," the "Act on the Effectiveness of Penalties," and the "Act on the Promotion of Electronicization of Criminal Procedure" as legal grounds for not being able to disclose criminal statistics raw materials to the general public. Unlike public data, which is encouraged by the government and the private sector to actively utilize it, alienating criminal data is a measure that neglects the safety of the people. Therefore, if it is difficult to open criminal and security data that are restricted to disclosure as public data, strategies for collecting and utilizing big data in the private and public sectors that can be utilized in the security field need to be sought. Through the revision of the Personal Information Protection Act, the Information and Communication Network Act, and the Credit Information Protection Act, which were legal restrictions on the use and promotion of existing security data, new governance for personal information processing was established around the introduction of the concept of alias information concerning the scope of personal information and the use and utilization of such personal information. It is also meaningful in that it provided a legal basis for the use and promotion of security data. For the use and utilization of security data, measures to utilize security data through the revision of current information protection laws or the enactment of special laws are needed.

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