삭제되지 아니한 개인정보와 인터넷사회의 리스크에 관한 담론

Undeleted Privacy and Risk of Internet Society

초록

The modern man determines and judges based on more data than ever before. After sleeping contacts with the new information and data pouring like a flood, while enjoying the benefits of data lives in an rapidly changing era from day to day. However, it is not easy to predict now what I posted some results in posts to come forward to me. The future is always innovative, it is necessary to guarantee the legal right to delete any way because unpredictable. In this context the Right to be forgotten is appeared neither strange nor awkward anymore. In this paper I considered how to distribute the Benefit and Risk with the Internet society. I would like to start with the changes in the media environment as the background of this thesis topic and according to it value change oblivion and memory, meaning of the right to be forgotten in terms of evolving privacy. The right to be forgotten is called variously as the right to delete, the right to oblivion, the right to disappear, it refers to the right to not be listed in narrow sense that means avoid linkability and the Right not be remembered in a broad sense that means To what extent and How long personal data should be remembered. Until now as for the right to be forgotten, it stayed excluding linkability to the target search engine but now profiling is emerging as increasingly regulated. In particular, in the media environment the SNS is supporting Profiling regulation will be an important social issue just beyond the level of simple restriction. Most importantly it should not remained the only the winners record, it is important to let to be forgotten From the memory ofwhom, What memories(datum) and Balance of Oblivion and Memory!! And with regard to institutions, the first, related to Judgment-Criteria for Deletion, Correct but Irrelevant information could be forgotten, second, related to Judgment-Subject for Deletion, Information subject or information provide company, Country, etc. could be considered, the fair third organization could not help doing it. Third, related to Deleting Cost, doing delete looks easy but it must consider the balance of the various fundamental rights as freedom of expression, right to know, freedom of the press and must go through the ADR. And so this is very much costly, with regard to cost if it is difficult to present any one bearing the cost because it can be expected to be in a wide variety of cases. But in the big data era, because the self information control by individuals will not be expected, it is necessary to have the view that it is necessary to transfer the responsibility of deletion to the operators and systematically can be supported. And at the same time need to continue to respond based on the principles of Privacy by design by operators.

키워드

링커가능성정확하지만 적절하지 아니한삭제여부 판단망각과 기억의 균형프라이버시를 고려한 설계의 원칙LinkabilityCorrect but IrrelevantJudgment for DeletionBalance of Oblivion and MemoryPrivacy by Design
제목
삭제되지 아니한 개인정보와 인터넷사회의 리스크에 관한 담론
제목 (타언어)
Undeleted Privacy and Risk of Internet Society
저자
이호용
DOI
10.17252/dlr.2015.39.3.001
발행일
2015-09
저널명
법학논총
39
3
페이지
3 ~ 31

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