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. 284

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