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KCI등재 학술저널

개인정보 프로파일링(신상털기)에 관한 시놉티콘과 형법적 결단

- 정보가 권력인 디지털시대의 감시와 통제 주체를 중심으로 -

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When one right conflicts with the other rights, Criminal Law intervenes in a collision as punishment and protects or deprives of the benefit and protection of the law after comparing both of rights. In the digital era one of the new social phenomena is so-called personal information profiling, that means someone collects, profiles and uploads special person s individual information for a malevolent purpose in relation to particular social issue or affair that is payed attention to society. In other words, it is called as ‘internet vigilantism’ because the term ‘vigilantism’ derives from the Latin word ‘vigilis’ which means ‘keep strict watch by himself’. But personal information profiling has been raised whether that violates privacy and personal information control right of other person. There is no legal system that is able to control personal information profiling in Korea. So in this paper aims the resolutions below. Most of all it should be decided that internet vigilantism is crime or not. And then, if it is the matter of civil case, we have to find the solution in relation to “the right to be forgotten” so called “the right to erase” that means personal data must be erased immediately where the data are no longer needed for their original processing purpose, or the data subject has withdrawn his consent and there is no other legal ground for processing, the data subject has objected and there are no overriding legitimate grounds for the processing, or erasure is required to fulfil a statutory obligation under the EU law or the right of the Member States. In addition, data must naturally be erased if the processing itself was against the law in the first place. Next, it should be understanded by means of new synopticon in the digital era. The synopticon originates from the concept of panopticon and contains the meaning of surveillance of each other. At last, this research intends to decriminalization of internet vigilantism. And that should be recognized as one of our community spirit. A pluralistic community spirit should accept opposing and various values as our social cultural diversity. As the result, our society can maintain unity without making personal information profiling as crime.

Ⅰ. 정보의 확대재생산과 법의 형성

Ⅱ. 개인정보 프로파일링(신상털기)에 관한 현행법상 규제

Ⅲ. 잊혀질 권리와 신상털기

Ⅳ. 상호감시의 시놉티콘

Ⅴ. 형법은 무엇을 처벌하여야 하는가?

Ⅵ. 결론에 대신하여: 신상털기의 비범죄화와 그 함의

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