수사목적을 위한 개인정보 활용의 한계 - 통신자료 제공을 중심으로 -

초록

In the age of informatization, people s demand for personal information protection is increasing. Now, people are no longer taking for granted that national institutions acquire their information. They are also trying to exercise their right to self-determination of personal information. In this regard, it is unconstitutional to infringe the right to self-determination of personal information guaranteed by the Constitution, contrary to the legislative purpose of the Personal Information Protection Act, and to enable the investigative agency to obtain communication data such as the name and address of the service user from the telecommunication service provider without a warrant. Many people argue that in order to protect the right to self-determination of personal information, freedom of expression, and freedom of communication, the investigative agency should obtain a warrant or permission from the court when obtaining communication data, and post-notice after using the information. However, this has many problems in practice. In this article, we reviewed various problems that may occur when an investigative agency obtains communication data with the court s permission or a warrant and suggests an improvement plan that can harmonize the public interest for the purpose of investigation and the privacy interest.

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