유전자정보은행과 프라이버시 이슈들

Draft Bill of ‘Forensic DNA data bank Act’(2006) and the Privacy Issues in South Korea

&nbsp;&nbsp;Korean Department of Police and Department of Justice co proposed ‘forensic DNA data bank Act’ and sent it Korean Parliament on September, 2006. The purpose of this paper is to review and comment the draft bill from the perspective of informational Privacy.<BR>&nbsp;&nbsp;My position is balancing the need using DNA data bases and the need for some protection of personal privacy. Striking the right balance between too little protection for privacy to be preserved and too much protection for law enforcement to effectively function is very difficult and complex. In this paper the author uses “OECD Guidelines on the Protection of Privacy and Trans border Flow of Personal Data(adopted in 1980)(from now on ‘OECD Guidelines’) as a balancing tool. In 1996, South Korea became a member state of OECD. Even though domestic regulators are not bound these guidelines, the power of the guidelines lies in the substance of what they suggest and the expertise of their drafters. As such, these guidelines have offered legislature around the world a choice when creating laws affecting informational privacy. They are designed to aid in the creation of an appropriate balance between the necessity of processing, storing, and disseminating personal information and the individual’s need for informational privacy.<BR>&nbsp;&nbsp;In Part Ⅱ, the author comments the bill generally and roughly from the perspective of OECD guidelines.<BR>&nbsp;&nbsp;In Part Ⅲ, the author comments on several hard issues of the bill intensively from the perspective of OECD guidelines.<BR>&nbsp;&nbsp;In Part Ⅳ, the author comments on exclusively the issues of the consent of donors from the perspective of decisional privacy.<BR>&nbsp;&nbsp;In Part Ⅴ(conclusion), the author strongly suggests and proposes to prepare the Korean concept of genetic privacy.