Ⅰ. Guaranteeing the Fundamental Human Freedoms: 3. Privacy and the Right to Self-Determination of Personal Information
Act] is too broad and the procedures of control before and after the provision are
insufficient.
The investigation agencies tend to request the communications data of multiple
people at the same time, and the telecommunications business operators have
provided the communications data without being regulated. According to a
publication by the Ministry of Science and ICT (MSIT) on Dec. 24, 2021,47) the
number of communications data provided (based on the telephone number) are
5.48 million (2.92 mil. in 1H, 2.56 mil. in 2H) in 2020 and 2.56 mil. during the first
half of 2021. This is approximately 1 in every 10 people’s communications data
being provided to the investigation agencies. Also, the number of requests per 1
request document amounts to 8.8 cases for the prosecutors’ office, 4.8 cases for
the police and 9.0 cases for the National Intelligence Service.
In December 2021, it was discovered that the Corruption Investigation Office
for High-Ranking Officials (CIO) inquired and provided with the communications
data of reporters and their families to cause social controversy. While the CIO
investigated the chief prosecutor of the Seoul Central District Prosecutors’ Office
as related to an “allegation of the Prosecutor General behind the filing of a criminal
complaint,‘ for being provided with an official car, etc., and the communications
data of reporters, etc. were inquired and provided. The CIO explained that the
inquiry was made while verifying the communications records of people related to
breach of confidentiality, but refused to provide detailed information, as the case
is still under investigation.48)
There were a controversy over the press investigation and an invasion of privacy,
etc. The reporters and the press subjected to the inquiry and provision of
47) MSIT Press Release, Dec. 24, 2021.
48) TVChosun, “CIO made 15 inquiries on the communications data of TV Chosun reporters… Looked into the
reporting line”, Dec. 9, 2021.; TV Chosun, “Inquiry began after a report of press investigation... CIO claims it
is related to breach of confidentiality case”, Dec. 9, 2021.
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