EU의 개인정보보호감독관 제도와 국내 관련법에 대한 시사점

EU European Data Protection Supervisor System and Its Implication of Law in Korean

At the present state, the personal information leakage accidents do not decrease and its scale continually grows. A leakage accident of personal information makes a huge victim that it never images in the off-line. But it is very difficult to estimate or prove damages to get remedy though there are some victims who can receive remedy, these are only few of overall victims. Therefore, it is important to prevent an accident. In such a view of point, this thesis was reviewed by European Data Protection Supervisor(EDPS), which is an organization of independent supervision and then study its implication on the related National Laws. The EDPS provides an opinion including recommendations to it that it is needed to be improved on the processing of personal data in EU institutions and bodies after prior checking when EU institutions and bodies request to EDPS to check their personal data processing. And the EDPS advises the European Commission, The European Parliament and the Council on proposals for new legislation and a wide rage of other issues having an impact on data protection. Also the EDPS cooperates with other data protection authorities. We also have two laws regarding the protection of personal information such as「Personal Information Protection Act : PIP」 and 「Act on Promotion of Information and Communications Network Utilization and Information Protection, ETC ; APICNUIP」 that have similar roles as EDPS. But these roles are different in the way that the institutes force the law and the conditions operate in the law. Therefore we need a special role of the unificative organization of protection on the personal information. Moreover it needs to consider to introduce a specific method for protecting personal information like the prior checking system of EDPS. Especially, once the accident related to the personal information occures, it becomes very difficult to solve and rescue the victims. Hence we should focus to prevent in advance. Therefore, the prior checking system of EDPS gives big implication to our laws and if we introduce the systems, we can make the privacy policies that were made by companies voluntarily to be more effective in the management and operation.