• International Journal of Internet, Broadcasting and Communication
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• v.13 no.2
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• pp.244-259
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• 2021

The economic value of personal information has its importance as an objective measure of valuation in commercial, legal, and policy areas. Until recently, however, personal information subjects have not properly recognized the economic value of personal information, which has led to the inability to exercise the right to self-determination of personal information by unconsciously agreeing to the terms and conditions of personal information service without recognizing the value of personal information provided to the service provider when subscribing to a specific service. Therefore, we will examine the methodologies for calculating the economic value of personal information and the practical guarantee of the right to self-determination of personal information and analyze the economic value of personal information through a survey. Also, we would like to propose various ways for the subject of personal information with limited cognitive resources to visually accept the economic value of personal information required by the terms and conditions and suggest the optimal visualization of personal information economic value to exercise the right to self-determination of personal information. To do so, in this paper, we have conducted two survey experiments to estimate the economic value of personal information. Based on the price of personal information by category retrieved from surveys, we have visualized the price of personal information in various forms and asked respondents to choose the optimal infographic that best represents the value of personal information visually. As a result, we have proposed an optimal usage of the infographic to 'nudge' information subjects about their right to self-determination of personal information, therefore opening the possibility of diminishing privacy paradox.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.27 no.3
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• pp.591-605
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• 2017

The right to informational self-determination refers to the constitutional right for an individual, which is approved by the constitutional court, to decide what contents the collected information comprises and to control the circulation of information relation to oneself. It contains claim for inspection of personal information(The right to informational self-access) as a right for individual to review information of current state and processing history which information holders have. To assure the right to informational self-access, individual must be notified of the processing history of information by information holders regardless of individual's request(The unconditional right to informational self-access). This study will analyse current status of domestic and foreign legislation and global regulation which are related to the unconditional right to informational self-access. In addition, the action of domestic corporations will be introduced. Finally, it will be concluded with relevant problems and solutions to solve the problems.

• Journal of the Korea Society of Computer and Information
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• v.22 no.10
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• pp.151-157
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• 2017

In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.2
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• pp.501-522
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• 2016

In the digital era, information is a source of value creation. However, the growing importance of knowledge and information also increases risks and threats. When information is leaked, full recovery is difficult, and additional spreading of risk is high because it is easy to accomplish. Especially personal information is the main target due to its availability. Although individuals normally have to consent to the use of their personal information, they often do not know the use of their information. In such a difficult situation, one must exercise self-determination and privacy. Therefore, the goal of this study is to development a privacy literacy level measurement model for the proper exercise of the right to informational self-determination. It will be presented with the concept of privacy literacy index in order to determine the level of knowledge and understanding and practical application skills for individual. Through the index, we going to enhance the selection ability of information subject, and to promote the judgement and the determination capability for the protection and utilization of personal information.

• The Journal of Information Systems
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• v.28 no.4
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• pp.65-103
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• 2019

Purpose The purpose of this study is to find out in extent to which the companies in Korea and oversea, which has been subjected by different laws of their country, have guaranteed the personal information rights and have provided proper 'right to access' to the information subjects. Design/methodology/approach This study compared Korean laws with 'General Data Protection Regulation (GDPR)' of EU and 'California Consumer Privacy Act (CCPA)' to check each of the level of 'right to access' guarantee. In terms of the difference in guaranteeing the right, this study compared Korean IT leading companies with US global leading IT companies to find out how much 'right to access' are properly implemented in their policies and functions they provide. Findings The result of the study shows that 'right to access' has not been well guaranteed by Korean law, as it does not provide the right to choose method and medium by information subjects and does not clarify the types of diverse information. This was clearly opposite with the other laws providing the right to choose what method and medium that subjects want with clarifying every types of personal information possible to be more. In addition, 'right to access' has not been well guaranteed by Korean companies in comparison with by the oversea companies which proactively guarantee the right by setting the function enabling subjects to browse their information through their websites or applications.

• Journal of Digital Convergence
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• v.11 no.9
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• pp.21-27
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• 2013

With the advent of digital media environment, distribution way of information changes, legalization of the right to be forgotten is becoming increasingly necessary. However, too much emphasis on protection of personal information to hinder the development of the Internet industry and constitutional rights, including freedom of speech and right to know might be infringed. Thus, the scope of the right to be forgotten there is a need to clarify the rules. First, the rights of personal information can be divided into two. Right to be forgotten can be applied to the right to self-determination of personal information, but the right to self-determination information about social personality cannot be applied to. Second, in the digital media environment, old news article over the internet repeatedly distribution as the new damage is generating. Because old news article is a historical record, the right to be forgotten can not be applied. Thus, appropriate for digital media environment must find new ways.

• 재활복지
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• v.17 no.4
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• pp.221-244
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• 2013

This study made an exploratory verification targeting severely-disabled persons on how self-determination right and empowerment of the factors organizing independent living affect community relation and productivity of the disabled. For the foregoing, this study collected data for about 2months from May through July 2012 targeting the disabled using Center for Independent Living and the Center for Human Right of the Disabled. As a result of research, this study revealed First, the level of self-determination right of the disabled differed meaningfully depending on the variables such as age, academic ability, existence of spouse, receiving pension, monthly income, residential type, time of occurrence of disability and disability rating, and in the level of empowerment, it showed a meaningful difference according to the factors like academic ability and disability rating. Second, the level of formation of community relation differed meaningfully according to the variables such as age, academic ability, existence of spouse, residential type, time of occurrence of disability, disability rating etc., and the level of productivity showed a meaningful difference according to the variables such as academic ability, existence of spouse, receiving pension, monthly income, multiple disabilities, disability rating etc. Third, as a result of investigation on the effect of self-determination right and empowerment of the disabled on their community relation, both self-determination right and empowerment turned out to have a meaningful and positive (+) effect on the community relation of the disabled. Fourth, as a result of investigation on the effect of self-determination right and empowerment of the disabled on their productivity, this study found that only the variable of empowerment exercises a meaningful and positive (+) influence on the productivity of the disabled. Therefore, self-determination right and empowerment are considered an important variable for enabling them to enjoy independent living in the future by strengthening community relation and productivity of the disabled. For this, it is required to fulfill social welfare and recognize the significance of self-determination right and empowerment in the process of rehabilitation, and develop as well as revitalize a variety of programs related to the above.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.3-46
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• 2017

Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.