유비쿼터스 환경에서의 개인정보 보호 : 법정책적 고찰 a Legal Policy Consideration = Protection of Privacy and Personal Information in the Ubiquitous Computing Environment

다국어 초록 (Multilingual Abstract)

Ubiquitous computing, or 'ubicomp' environment presents significant challenges for information privacy law; The emergence of ubiquitous sensor networks based on RFID technology and IPv6, together with robust data mining techniques, for example, will amplify the tracking and profiling capabilities of personal information collectors. There exists, therefore, a well justified public perception and fear that personal information including information privacy might be threatened on unprecedentedly pervasive scale in the ubiquitous computing environment. This is indeed a common concern almost all the information societies share, and it is an urgent one. The problem we face now is not, whether we should accept the ubicomp environment with the risk of being thrown in a informational panopticon, but how, where and to what extent we should tackle the risks and threats from the emergence of the ubicomp environment for the sake of personal information and privacy. This paper reviews the staus quo of legal system for protection of personal information and privacy now in an emerging ubicomp environment in Korea and tries to present a reasonable and workable solutions. Recognizing the interrelatedness between the level of protection and the technologies including the privacy enhancing technology (PET), this article calls for a balanced timing of legislative measure to protect personal information and privacy in the ubicomp environment. At one extreme, we might paralyze the development of ubicomp based technologies, if we set out to prematurely intervene and regulate the technologies. At the other, we might lose for good effective timing of legislative policy making to protect personal information and privacy by merely idling away time waiting for the technology development including PET. The article also emphasizes the critical importance of reforming and reinforcing the existing infrastructure for protection of personal information and privacy in real space as well as in cyberspace.

목차 (Table of Contents)

• Ⅰ. 문제상황
• Ⅱ. 유비쿼터스의 명암
• Ⅲ. 유비컴 환경에 있어 개인정보보호법제의 현황과 문제점
• Ⅳ. 법정책적 대안
• Ⅴ. 결론