The Report on Human Rights Situation in the Republic of Korea
communications data criticized the issue, and raised suspicion that at least 120
reporters’ communications data were inquired and provided as of Dec. 29, 2021,
through further reporting.49) Civic groups once again raised concerns over the
procedure for providing communications data, and the NHRCK expressed its
opinion on Jan. 6, 2022 that the procedures for providing communications data
under the [Telecommunications Business Act] must be improved.50)
B) Guaranteeing Basic Rights During the Process of Providing
Communications Data for Investigative Purposes
Korean law related to criminal justice clearly separates ‘communications
confirmation data’ and ‘communications data’ as related to providing telecommunications data. Communications confirmation data refers to data related to the
telecommunications facts, such as the subscriber’s telecommunications dates,
start and end time of telecommunications, sent/received telecommunications
number, etc. Access to and request to submit telecommunications confirmation
data requires warrants; meaning, prosecutor or a police can request the
telecommunications business operator to access or submit data to confirm the
telecommunications facts when necessary for an investigation or sentence
execution. At such a time, the permission from the relevant district court or
branch must be obtained in writing that includes the reason for the request,
relevance to the concerned subscriber and the scope of the necessary data, etc. On
the other hand, the communication data under the [Telecommunications Business
Act] does not require warrants, and may be requested in writing.
49) News 1, “70 members of National Assembly from PPP subjected to communications inquiry... 67% of the
total”, Dec. 29, 2021, etc.
50) Statement by the Chairman of the NHRCK, “Statement by the Chairman of the NHRCK Urging to Improve the
Procedure for Providing Communications Data under the [Telecommunications Business Act]”, Jan. 6, 2022.
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