Commission's Major Activities National Human Rights Commission of Korea Annual Report 2016 4. Key opinions submitted A. ‌Opinion submitted to the Constitutional Court regarding collection of communication data by information and investigative agencies On 28 November, the Commission submitted its opinion to the Constitutional Court that the collection of communication data by information agencies and investigative agencies based on paragraph 3, Article 83 of the Telecommunications Business Act could likely infringe upon privacy autonomy. In February 2014, the Commission had recommended the Ministry of Science, ICT and Future Planning, the lead ministry, to delete the above said provision. However, this request had not been accommodated. Human rights defenders filed a constitutional appeal (2016Hunma388), stating that the law on the provision of communication data violated the warrant requirement under the Constitution, that the provision of communication data constituted legislative omissions, and thus was unconstitutional due to the lack of an ex post notification requirement. Investigative agencies have argued that communications data (name, resident registration number, address, telephone, ID, etc.) they receive from communications service providers are simply information that users provide when joining a service, and thus present insignificant infringement upon the freedom and privacy of personal life and the freedom of communication. On the other hand, the Commission submitted the opinion to the Constitutional Court that there was the possibility of infringement of the right to informational self-determination as the regulation mandating the provision of communications data was too broad in terms of the subjects and in its purpose for collecting personal information, there was no ex ante or ex post judicial control, and there were no procedures in place to notify people that their personal information had been provided. 32