1) Current Status
- Amid increasing impact of exposure of personal information on infringements of privacy, there is a c
oncern that the 「Protection of Communications Secrets Act」 is insufficient to protect individual informa
tion related to communications. In particular, with regards to “provision of the communication confirma
tion data” under Article 13 of the Protection of Communications Secrets Act 10, an amendment draft wa
s proposed at the National Assembly, and civil society organization called for amendment for excessive
ly infringing the secret and freedom of privacy.
- In July 2018, the Constitutional Court ruled that the part that “Any prosecutor or judicial police offic
er may, when he/she deems it necessary to conduct any investigation, ask any telecommunications busi
ness entity under the Telecommunications Business Act for the perusal or the provision of the commun
ication confirmation data under Article 2 (11)(f)(g) 11 of Article 13 (1) of the Protection of Communicat
10
「Protection of Communications Secrets Act」 Article 13 (Procedures for Provision of Comm
unication Confirmation Data for Criminal Investigation)
(1) Any prosecutor or judicial police officer may, when he/she deems it necessary to conduc
t any investigation or to execute any punishment, ask any telecommunications business entit
y under the Telecommunications Business Act (hereinafter Referred to as "telecommunication
s business entity") for the perusal or the provision of the communication confirmation data
(hereinafter referred to as "provision of the communication confirmation data").
(2) Any prosecutor or judicial police officer shall, when he/she asks for the provision of the
communication confirmation data under paragraph (1), obtain permission therefor from the
competent district court (including any ordinary military court; hereinafter the same shall ap
ply) or branch court with a document in which the reason for such asking, the relation with
the relevant subscriber, and the scope of necessary data are entered: Provided, That if the
urgent grounds exist that make it impossible to obtain permission from the competent distric
t court or branch court, he/she shall obtain permission immediately after asking for the pro
vision of the communication confirmation data and then send it to a telecommunications bu
siness entity.
(3) Any prosecutor or any judicial police officer shall, when he/she is provided with commu
nication confirmation data due to the urgent grounds under the proviso of paragraph (2) bu
t he/she fails to obtain permission therefor from the district court or branch court, abando
n the communication confirmation data provided to him/her without delay.
11
「Protection of Communications Secrets Act」 Article 2 (11) - The term "communication con