National Human Rights Commission of Korea Annual Report 2021
with great prudence. The Commission also concluded that, even though there was no such
intention, the Ministry’s action ended up restricting and infringing upon the petitioners’ right and
freedom to privacy. The Ministry of Health and Welfare announced its intent to accommodate the
Commission’s recommendation.
E. State organizations, local governments, and public service-related
organizations
■ Human rights infringement caused by leakage of footage showing
personal information of quarantine violator
Regarding a petition that a public officer provided a broadcasting company with footage of
a COVID-19 quarantine violator without obtaining his consent, the Commission on March
31 recommended the chief of the district office to have the petitioned officer undergo training
in personal information protection and to establish internal procedures so that the Personal
Information Protection Act is not violated when providing footage to broadcasting companies even
for reasons of public utility (20-jinjeong-0458000).
The findings showed that the footage that the petitioned officer sent to a reporter was evidential
material prepared to file legal actions against the violator of the Infectious Disease Control and
Prevention Act. The footage carried personal information that was not to be used for any other
purposes than the intended one; no internal procedures were observed such as obtaining approval
prior to providing the footage to the reporter and no consent was obtained from the data subject;
and no blurring of images was done to protect personal information.
The Commission found the petitionee’s act to be in violation of the Personal Information
Protection Act and an infringement upon the petitioner’s right to informational self-determination
guaranteed under Article 10 and Article 17 of the Constitution, as he failed to obtain the consent of
the petitioner who is the data subject and there was no justifiable reason to believe that what he did
was inevitable for the performance of duty.
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