경찰의 개인정보 수집·이용에 대한 법치국가적 통제의 필요성 – 수사 목적의 개인정보 처리를 중심으로 – = Regulations on the Collection and Use of Personal Information by Police

다국어 초록 (Multilingual Abstract)

The police collect and use personal informations in a wide variety of ways, not only for criminal investigation, but also for the performance of duties of the police officer(Article 2 of Act on the Performance of Duties by Police Officers). Today, the right to self-determination of personal information is firmly recognized as a fundamental right in the Constitution, and the collection and use of personal information without the consent of the information subject in the course of performing police duties corresponds to the exercise of police power that limits the right to self-determination of personal information. However, in the current legal system, the specific authority rules governing the processing of personal information, such as the collection and use of personal information by the police, are not clearly established. This paper critically examines the problem that there is virtually no rule-of-law control system over the collection and use of personal information by the police, and so proposes a method to control the police's collection and use of personal informations.
First, the view that interprets Article 2 of Act on the Performance of Duties by Police Officers and Article 15 (1) of the Personal Information Protection Act as a general provision of authority for the collection of personal information by the police is not justified, because that opinion nullifies the control system based on the ‘rule of law’ principles over the exercise of police power. In addition, Article 199 (2) of the Criminal Procedure Act may not be legitimate legal grounds for an investigative agency to request the provision of personal information from other agencies.
Therefore, fundamental reform is absolutely necessary. The purpose of collecting personal information should be clearly and specifically established, and the scope, requirements, and procedures for collecting personal information necessary to achieve the police purpose should be clearly defined according to the principle of proportionality. In addition, in relation to the collection of personal information without warrant for the purpose of investigation by Article 18 (2) 7 of the Personal Information Protection Act, we must control the risk of abuse through applying the warrant principle. And more stringent requirements and procedures should be established for the collection of sensitive informations.