Ⅰ. Guaranteeing the Fundamental Human Freedoms: 3. Privacy and the Right to Self-Determination of Personal Information
allowed to be used. Meaning, constitutional protection related to personal
information focuses on the ‘autonomous control’ of personal information, as well as
the ‘personal information’ itself.
Traditionally, privacy and the right to the self-determination of personal
information were understood to be in conflict with freedom of press or the
development of the information industry, in nature. For example, when the press
publishes private matter without permission, it can be seen as a violation of the
right to the self-determination of personal information. However, privacy and the
the right to self-determination of personal information are being impacted greatly
by the spread of the internet, drastic development of information processing and
development of and changes in the technologies, such as popularization of IoT,
BigData, social media, etc.,
On the other hand, under the spread of COVID-19 in 2021, basic rights related to
personal information was hidden under the goal of efficient prevention and
treatment of the disease. Collection, disclosure and the surveillance of private
information for the reason of prevention spread not within the government and
the local governments, but also to workplace and private relationships, and there
were cases of official announcements related to personal defamation, religious
and sexual preferences, as well.
Moreover, in 2021, there were diverse attempts to create new value by using
information, both in public and private sectors, and during the process, the issues
related to basic information human rights were raised continuously during the
process, including privacy and the right to the self-determination of personal
information, We will look at the issues related to inquiring and providing
telecommunications data by the investigative agencies, controversy on AI-based
facial recognition technology and issues related to the right to move data and the
MyData project.
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