access, and the right to self-determination of personal information. These are fundamental
rights not enumerated in the Constitution, and are understood to be derived based on the
existing fundamental rights provisions or other constitutional principles.
The information and communication technology and human rights is a somewhat
unfamiliar concept in Korea. However, the mobile phone penetration rate in Korea is 100%,
among which 95% are smartphone users. When the service provided by Kakao was
suspended in Oct. 2022, various problems arose in various parts of Korea. Korea is at the
center of an intelligent information society, such as cases of damage caused by leakage of
personal information from large corporations and public institutions, the emergence of
various services linked with AI technology, and the use of YouTube and social media, as the
daily use of online communities. Therefore, information and communication technology
and human rights can be seen as a major human rights area in Korean society. In this context,
the NHRCK has prepared human rights guidelines for the development and use of AI in
2022, and the information and communication technology and human rights report of the
intelligent information society.
In this section, important topics related to information and communication technology and
human rights in 2022, ‘the problem of collecting excessive behavioral information for the
purpose of customized advertising,’ ‘the proposed amendment to the ‘Communications
Secrets Protection Act,’ ‘the problem of prohibiting the recording of conversations without
consent between the parties,’ and ‘AI technology and human rights problems: face recognition
CCTV installation and utilization’ will be discussed.
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