• Title/Summary/Keyword: Information protection act

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Issues and Suggestions for "Act on the Development of Cloud Computing" and Protection of its Users ("클라우드컴퓨팅 발전 및 이용자 보호에 관한 법률"의 쟁점 및 개선방안)

  • Lee, Jung Koo;Min, Daihwan;Kwon, Hun Yeong
    • Journal of Information Technology Applications and Management
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    • v.24 no.1
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    • pp.81-91
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    • 2017
  • In Korea, "Act on the Development of Cloud Computing and Protection of its Users" has been enforced since September 28, 2015. Many countries implemented 'Cloud First' policies and global companies such as Amazon, Microsoft, IBM started cloud services in Korea. Under these circumstance, the Act was established for developing the cloud computing industry. The Act includes clauses for encouraging the use of private cloud computing by public organizations, supporting small- and medium-size cloud service providers, and utilizing secure cloud computing services by users. However, some terms appear to be similar but have different meanings from "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." and "Personal Information Protection Act". This generated some confusion and conflicts in relation to providing user information to a 3rd party and notifying the intrusion in the Cloud Computing Act. This paper discusses these issues and suggestions for revision of the Cloud Computing Act.

A Research on Institution's Countermeasure for Personal Information Protection Act Based on the Examples of Performing the Privacy Impact Assessment (개인정보 영향평가 수행 사례에 기반한 기관의 개인정보보호법 대응방안에 관한 연구)

  • Cho, Sung Kyu;Jun, Moon Seog
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.8 no.1
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    • pp.89-98
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    • 2012
  • According to the enforcement of Personal Information Protection Act as of September 2011, the laws and regulations for the protection of personal information that were applied only to the certain sectors such as information & communication network, financial institutions, public sector etc. for the time being has been expanded to apply to all public and private sectors to process personal information. In particular, because the public institutions are obliged to be mandatorily conducted of the Privacy Impact Assessment, it will be enforced in earnest for each agency's informationization business that handles personal information. In this paper, I examine the most derived vulnerability and set up the improvement measure to supplement it with the examples of 10 of all the institutions conducting the Privacy Impact Assessment in the year 2011. And, I suggest the measures to be prepared by the institutions to observe the Personal Information Protection Act.

Study on the Association between Personal Information Protection Legislation and Information Security Product (개인정보보호 관련 법령의 내용과 보안제품 분포간의 연관성 분석)

  • Kim, Min-Jeong;Lee, Jung Won;Yoo, Jinho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.25 no.6
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    • pp.1549-1560
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    • 2015
  • For the past few years, personal information breach incidents, great and small, occurred constantly. Accordingly, the Personal Information Protection related Ordinances are enacted and amended persistently, and the information security products also keep advancing and developing in the same way. There are the certification systems such as Common Criteria Evaluation and Validation(CC) and Korea Cryptographic Module Validation Program(KCMVP) for the information security products. These are also strictly carried out. This paper analyzes and categorizes the 5 Personal Information Protection related Ordinances in the aspects of technical protection measures by using key words. Here are the 5 related ordinances; 'the Personal Information Protection Act', 'the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc', 'the Act on the Protection, Use, Etc, of Location Information', 'the Use and Protection of Credit Information Act', and 'the Electronic Financial Transactions Act.' Moreover, this study analyzes the association between the technical protection measures in the 5 relevant laws and the information security products that are obtaining the CC Evaluation & Validation(CC) and the products that are now produced at KISIA's member companies.

Keywords Analysis on the Personal Information Protection Act: Focusing on South Korea, the European Union and the United States

  • Park, Sung-Uk;Park, Moon-Soo;Park, Soo-Hyun;Yun, Young-Mi
    • Asian Journal of Innovation and Policy
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    • v.9 no.3
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    • pp.339-359
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    • 2020
  • The policy change in the Data 3 Act is one of the issues that should be noted at a time when non-face-to-face business strategies become important after COVID-19. The Data 3 Act was implemented in South Korea on August 5, 2020, calling 'Big Data 3 Act' and 'Data Economy 3 Act,' and so personal information that was not able to identify a particular individual could be utilized without the consent of the individual. With the implementation of the Data 3 Act, it is possible to establish a fair economic ecosystem by ensuring fair access to data and various uses. In this paper, the law on the protection of personal information, which is the core of the Data 3 Act, was compared around Korea, the European Union and the United States, and the implications were derived through network analysis of keywords.

The Legal Justice of Conferring Criminal Negligence on Chief Privacy Officers(CPO) (개인정보관리자의 책임과 벌칙의 형평성)

  • Kim, Beom-Soo
    • Journal of Information Technology Services
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    • v.10 no.4
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    • pp.21-32
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    • 2011
  • The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

A Comparative Study of Regional Medical Information Protection Act and Privacy Act (국가별 개인정보보호법 및 의료정보보호법의 비교연구)

  • Bang, Yun-Hui;Rhee, Hyun-Sill;Lee, Il-Hyun
    • The Journal of the Korea Contents Association
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    • v.14 no.11
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    • pp.164-174
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    • 2014
  • The purpose of this study is to explore ways to resolve the conflicting issues that are currently applied in medical Act and medical privacy Act through the comparative Analysis of the Privacy Act and the Medical Information Protection Act foreign. the results run to establish the Public Health Act coming for the protection of health information is a characteristic of many countries, France in Europe, the United States and Canada had been running an independent medical information laws are enacted. Prescribes penalties of up to a fairly systematic method from the case records of patients would not have occurred in the management and implementation of the law and the protection of the author of the book focuses on the subject of medical records and physician records between patient confidentiality and privacy it can be seen that the method defined in. This indicates the need for the establishment of an independent medical information laws to protect all records relating to the patient systematically Korea also.

Legal Issues of Blockchain in Personal Information Protection : Based on GDPR and Personal Information Protection Act (개인정보보호법제 관점에서 본 블록체인의 법적 쟁점 GDPR 및 국내 개인정보보호법을 바탕으로)

  • Park, Minjung;Chai, Sangmi;Lee, Myoung Jun
    • Journal of Information Technology Applications and Management
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    • v.25 no.2
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    • pp.133-146
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    • 2018
  • The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.

The Protecton of Privacy on Secondary Use of Personal Health Imformation (의료기관 개인건강정보의 이차적 이용)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.117-143
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    • 2010
  • Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

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Personal Information Protection in Digital Era -Reviewing Personal information protection Act- (디지털시대의 개인정보보호 - 새로운 개인정보보호법을 중심으로)

  • Yoo, Jong-Lak
    • Journal of Digital Convergence
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    • v.9 no.6
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    • pp.81-90
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    • 2011
  • Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

An Analysis of Recognition on Personal Information Protection among Healthcare Administration Students in the Information Society (정보사회에서 보건행정 전공 대학생들의 개인정보보호에 대한 인지 분석)

  • Kim, Ji-On;Park, Ji-Kyeong
    • Journal of Digital Convergence
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    • v.12 no.5
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    • pp.325-334
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    • 2014
  • The purpose of this study was to examine the recognition of health administration students on personal information protection in an effort to be of use for raising awareness of personal information protection in students and for having them practice it in the right way. The subjects in this study were 687 college students who majored in health administration. A survey was conducted from December 3, 2012, to June 21, 2013. As a result, it's found that just 17.2 percent were cognizant of the personal information protection act. As for recognition and practice of personal information protection domain, the students who were aware of the personal information protection act significantly excelled the others who weren't in every area of recognition and practice, and there was a positive correlation between the level of practice, as better recognition led to better practice. The awareness rate of information for a personal identification stood at 57.0 percent, and the awareness rate of personal information to be managed stood at 53.7 percent, which were both at an intermediate level. To raise awareness of the personal information protection act in health administration students, a course that can deal with this act should separately be offered so that they could have the right understanding of personal information protection and practice it properly.