공법상 학생정보의 공개 및 보호에 관한 연구

A Study on the Disclosure and Protection of Student Information in Public Law

As electronic and digital trends were emphasized in a world-wide scale, the notion of ‘E-government’ appeared and has been developed. Korea has made steady efforts for the reform to ‘E-government’, too. As the world gets more electronized and digitalized, many governments have tried reformation in governmental area to the ‘E-Government’ and Korea is taking leading position in that reform. But, generally speaking, ‘E-Government’ policies in Korea have inattentively dealt with basic human rights of Korean people such as right of privacy by having excessively clung to the economic ideal of ‘administrative efficiency.’ With the remarkable development of IT and the enlargement of its basic equipment, we are interested in Information increasingly. Recently, there has been in Korea a discussion on the establishment of a body on the protection of student information. From this critical point of view, this study starts with surveying the definition of ‘Student Information’ and ‘Education Information. The protection of student information is still governed by general laws related to the protection of personal information. Student information needs to be protected in a manner different from personal information through enacting a separate law, which would specify the disclosure and protection of student information and the rights of parents. It should be determined in view of the need of education rather than personal rights whether the National Education Information System (NEIS) must include educational information or not. I believe the problem of infringement on personal rights which might arise in the course of using educational information should be solved through authorization and security technology adopted by the NEIS as well as the enactment of a new law. These kind of NEIS' data is based on the basic rights of ‘self-data decision’ and ‘self-data control’ which are layed on our constitutional law. Hence the director and teachers in a school should obey the rule which they have to obtain students' parents' consent to collect personal data, to accumulate those data and profiles as the sharing database, and to use the personal information and to dissolve those data. So School masters have to permit to access to their children and to offer their children educational personal data. But we have to make face with any legal resource and are going to search for the standard of data protection guideline of OECD and EU following as: these rule are ‘limit of collection data’, ‘principle of data contents’, ‘principle of object distinct’, ‘principle of limit of use to personal data’, ‘principle of safe protection policy’, ‘principle of openness’, ‘principle to participate’ and ‘principle of responsibility.’ I think that this type of enactment in Korea gives us considerable suggestions in many respects.