classrooms because it may infringe student’s basic rights such as their portrait rights,
privacy, freedom of action and freedom of expression (February 23, 2012)
2) Investigations of Human Rights Conditions and Key Findings
□ Investigations of Online Investigation and Collection of Digital Evidence
Today investigative institutions use communications data and records of
communications, investigate base transceiver stations and use digital forensic technology
when conducting criminal investigations. Accordingly, many have complained about the
excessive online investigation practices as a violation of human rights, as some
investigating authorities were found to have requested information service providers to
submit the personal information about tens of thousands of users just for one case. In
response, the Commission conducted an investigation to examine relevant case studies and
develop policy improvement measures.
The purpose of the study was to examine the existing literature and summarize the types
of online evidence and collection processes, while comparing relevant standards at home
and abroad, and survey the investigating institutions, those who were investigated, lawyers
and information service providers (including the operators of portal sites) to identify
human rights violations related to online investigations and develop measures to improve
the legal system. In addition, in-depth interviews with working-level investigators and
those being investigated and unofficial meetings with information service providers
resulted in measures to correct drawbacks identified by examining actual practices related
to the Protection of Communications Secrets Act and Criminal Procedure Act.
3) ICTs and Human Rights Report
The emergence of sophisticated information technology has brought conveniences to
daily life, more effective communications and other positive changes to society. On the
other hand, however, it has been accompanied by a growing number of personal
information leaks, the expansion of surveillance and control technology, and inequalities in
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Part II. Major Activities of the Commission