The Report on Human Rights Situation in the Republic of Korea B. Main Topics 1) Controversy over Providing Communications Data by Investigation Agencies Under the [Telecommunications Business Act] A) Controversy Over the Excessive Request and Provision of Communications Data Under the [Telecommunications Business Act] The criminal justice procedure is to reveal the actual truth of a crime, and is the process for the state to maintain order and realize social justice by responding to crimes. Therefore, a state collects and analyzes diverse information that may be related to a crime during the criminal justice procedure. Information is evidence for the investigation agencies and more information leads to the higher possibility of proving the case. Crime is a social act of a criminal, and crime-related information are mostly considered personal information or communications related information that can identify the perpetrator or victim, etc. of a crime. The criminal investigation of an investigation agency is necessary to realize social and public justice, but is regulated when trying to collect and be provided with personal information for the investigative purposes, to protect the privacy of correspondence (Article 18), privacy (Article 17) and the right to the self-determination of personal information, guaranteed by the Constitution. Specific procedures of providing personal information related to telecommunications during the criminal justice procedure is established in the [Telecommunications Business Act]. Article 83(3) of the Act stipulates the names, resident registration numbers, addresses, phone numbers, user identification and subscription and the termination dates of users as communications data, and allows the courts and the investigation agencies to request access to or the submission of communications data from the telecommunications business operators. However, the procedure for providing the communications data pursuant to the [Telecommunications Business 56