행정정보공동이용과 개인정보보호 = The Sharing of Administrative Information and Personal Infornation Protection

다국어 초록 (Multilingual Abstract)

Electronic data came up with communications aims to enhance clarify and efficiency of administration by work electronic handling and organic connection, and to make information and service accessible for all the people and company.
Electronic government act has been designed a lot of policies to realize electronic government, and the sharing of administrative information has been significant policy.
The sharing of administrative information cuts the costs and enhances efficiency of works. Whereas is brings the active participation of the people into the decision of policy, in case that personal information is used for sharing, it could be violated by leaking, hacking, and abuse.
Only focusing on the positive effects and need could lead the invasion and lose of personal information self-discretion, because such sensitive information is belonged to the administrative information.
The sharing of administrative information absent personal information protection is the invasion of human rights guarded by constitution, and absolute protection that denies the build of democratic electronic government goes to negation of communication itself.
Therefore, the proper mediation between the sharing of administrative information and personal information protection is necessary.
The personal information protection law that is established in 2011, 3, 29 and will be in force in 2011, 9, 30 deals with a few contents such as personal information protection principles which regulates the whole society, personal information handling principles that accord with the international standards, and reinforcement of the damaged people from the personal information invasion. This law took a major step forward with discussions so far.
However, there are still missing points left. Looking into the whole provision, it is impossible to tell the differences between the accessible provision only to public institution or only to the people and the accessible provision to the both, and it could cause the problem of fairness that neglected the differences. Actually, the personal information is applied alive people, so it is not fair that dead people's personal information is exposure without protection. And, in case of personal information protection, the independence and authority of protection organs are in sufficient compared with international standards or the level of being discussed. So, reform measures are needed to protect personal information as general law. Special personal information protection law which specially protects personal information on sectors also must be regulated, because general law dealt with principle, standard and the limit of application of personal information, and personal authority, etc.
Personal information involves personal rights in constitution, free of personal information along with the concept of property and ownership as material value. So, the subject whose personal information is invaded cannot help to be damaged financially and mentally. If personal information has been violated once, it is hard to swing back. That is why prior-aid is the top priority and prior effects evaluation system is urgently needed at this point.
The necessity of sharing of administrative information is going to increase constantly, and it cannot be denied for efficiency. Accordingly, the sharing of personal information needs to satisfy the minimum requirements, the steady review and the study of legislation is required to prepare concrete standard and regulation. Administrative agency also should take an action to prevent personal information and try always to protect the invasion.

목차 (Table of Contents)

• 제1장 서론 1
• 제2장 전자정부와 행정정보공동이용 2
• 제1절 전자정부 2
• Ⅰ 전자정부의 의의 2
• Ⅱ 전자정부의 헌법적 의의 4
• Ⅲ 전자정부의 법적 근거 5
• Ⅳ 전자정부의 추진현황 및 문제점 6
• 제2절 행정정보공동이용 8
• Ⅰ 행정정보공동이용의 의의 8
• Ⅱ 행정정보공동이용의 근거 9
• Ⅲ 행정정보공동이용의 분류 16
• Ⅳ 행정정보공동이용의 필요성 22
• Ⅴ 행정정보공동이용의 조건 및 응용기술과 절차 24
• Ⅵ 행정정보공동이용의 현황 및 문제점 32
• 제3장 행정정보공동이용과 개인정보자기결정권 38
• 제1절 개인정보의 개념 38
• Ⅰ 개인정보의 의의 38
• Ⅱ 개인정보의 요소 40
• Ⅲ 개인정보의 분류 41
• 제2절 개인정보자기결정권 44
• Ⅰ 개인정보자기결정권의 개념 44
• Ⅱ 개인정보자기결정권의 근거 46
• Ⅲ 개인정보자기결정권의 내용 52
• Ⅳ 개인정보자기결정권의 제한과 제한의 정당화 기준 54
• Ⅴ 개인정보자기결정권 확보방안 58
• 제4장 행정정보공동이용과 개인정보보호 66
• 제1절 개인정보공동이용의 정당화 조건 66
• Ⅰ 개인정보 수집 66
• Ⅱ 개인정보 관리 69
• Ⅲ 개인정보 이용 70
• Ⅳ 개인정보 통제 72
• 제2절 개인정보보호를 위한 법적과제 75
• Ⅰ 현행 개인정보보호법제 75
• Ⅱ 새로운 개인정보보호법의 제정 80
• 제5장 결론 87
• 참고문헌 90