감염자 접촉 추적 시스템 운영에 따른 프라이버시 침해 문제 개선 방안 연구

초록

Purpose: This study aims to analyze the operational status of the Korean-style contact tracing system operated based on the Infectious Disease Prevention Act during the COVID-19 pandemic, and to deeply analyze the issues raised in the process that infringe upon individuals' right to privacy and right to self-determination of personal information. In doing so, it seeks improvement measures and policy suggestions to harmonize the public interest of infectious disease prevention with the constitutional value of protecting individuals' fundamental rights. Method: Through literature research and legal analysis, we review relevant laws and the principle of prohibition of excessiveness. We also collect cases of privacy and personality rights violations related to the disclosure of movement routes, empirically elucidate the severity of the problem, and propose improvement measures. Result: The Korean system achieved rapid quarantine results through the government's extensive and state-led collection of sensitive information, including location information and credit card details. However, the absence of legal controls, such as the warrant system, poses a potential infringement on the right to selfdetermination of personal information. Institutional and technical improvements, such as strengthening the principle of legal reservation and introducing judicial controls, are necessary. Conclusion: It is suggested that the scope of information collection should be clarified by strengthening the principle of reservation of interest, a post-hoc court approval and judicial control device should be introduced for the location information collection process, and in the long term, a Bluetooth-based tracking system that guarantees individual anonymity should be explored to establish a quarantine system that balances public health and the protection of fundamental rights.

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