지능정보사회의 정보인권
목차
제1장 서 론 = 11
Ⅰ. 지능정보사회에서의 정보인권 ···································································· 11
Ⅱ. 정보인권 보고서 개정 발간의 필요성 ··························································· 14
Ⅲ. 정보인권 보고서 목표 ················································································ 17
Ⅳ. 정보인권 보고서 추진과정 ·········································································· 18
Ⅴ. 정보인권 보고서 구성 ················································································ 19
제2장 정보인권의 개념과 범주 = 23
Ⅰ. 개요 ······································································································· 23
1. 정보인권의 특수성 ················································································ 23
2. 정보인권의 유형 ··················································································· 23
Ⅱ. 정보인권의 유형별 고찰 ············································································· 25
1. 개인정보자기결정권 ·············································································· 25
2. 통신의 비밀과 자유 ··············································································· 28
3. 온라인에서의 표현의 자유 ···································································· 31
4. 정보접근권과 차별 해소 ········································································ 34
5. 향후 정보인권 개념의 분화 및 확대 ························································ 39
제3장 주요 현안과 쟁점 = 45
Ⅰ. 공공 및 민간의 개인정보 보호 ····································································· 45
1. 의의 ···································································································· 45
2. 현황 및 문제점 ······················································································ 46
3. 국제 기준 ····························································································· 48
4. 주요 검토과제 ······················································································· 54
가. 독립적인 개인정보보호 감독체계 강화 ···························································· 54
나. 「개인정보 보호법」 상의 과도한 적용제외 규정 정비 ·········································· 59
다. 「개인정보 보호법」 상의 수사목적 등의 과도한 목적외 이용·제3자 제공 허용 규정 정비·············· 64
라. 새로운 개인정보 처리 환경에서 정보주체의 권리 강화 ······································· 65
마. 일명 ‘개인정보 이동권’ 도입에 따른 정보주체 권리 형해화 개선 ·························· 67
바. 인터넷 상의 개인식별 연계정보 및 중복가입 확인정보 운영 개선 ························ 74
Ⅱ. 형사사법 절차에서 개인정보 및 통신의 비밀 보호 ········································· 78
1. 의의 ···································································································· 78
2. 현황 및 문제점 ······················································································ 81
3. 국제 기준 ····························································································· 82
4. 주요 검토과제 ······················································································· 84
가. 「전기통신사업법」 상 통신자료 제공 제도 개선 ·················································· 84
나. 「통신비밀보호법」 상 통신제한조치 및 통신사실 확인자료 제공 제도 개선 ············· 89
다. 온라인 원격지 압수·수색 개선 ········································································ 96
라. 휴대전화 기기 압수·수색 개선 ····································································· 100
Ⅲ. 온라인에서의 표현의 자유 증진 ································································ 107
1. 의의 ··································································································· 107
2. 현황 및 문제점 ····················································································· 108
3. 국제 기준 ···························································································· 110
4. 주요 검토과제 ······················································································ 111
가. 방송통신 심의 및 시정요구 제도 개선 ··························································· 112
나. 정보통신서비스 제공자의 임시조치 제도 개선 ················································ 118
다. 가짜뉴스 또는 허위조작정보 대응 ································································ 124
Ⅳ. 정보격차 및 차별 해소 ··············································································· 129
1. 의의 ··································································································· 129
2. 현황 및 문제점 ····················································································· 133
3. 국제 기준 ···························································································· 135
4. 주요 검토과제 ······················································································ 137
가. 대상별로 세분화한 정보격차 및 차별 해소 접근 ·············································· 137
나. 새로운 정보취약계층 및 정보격차 유형 조사, 지원범위 확대 등 ························· 139
Ⅴ. 재난 대응 및 사회 안전과 정보인권 ····························································· 141
1. 의의 ··································································································· 141
2. 현황 및 문제점 ····················································································· 142
3. 국제 기준 ···························································································· 144
4. 주요 검토과제 ······················································································ 147
가. 코로나19 등 감염병 예방 및 대응에서의 권리 보호 ········································ 147
나. CCTV 통합관제센터 운영 개선 ··································································· 154
다. 얼굴인식 기술 활용에 대한 인권적 통제방안 마련 ·········································· 159
Ⅵ. 기업의 전자적 노동감시와 정보인권 ···························································· 164
1. 의의 ··································································································· 164
2. 현황 및 문제점 ····················································································· 166
3. 국제 기준 ···························································································· 168
4. 주요 검토과제 ······················································································ 170
가. 전자적 노동감시 규율에 대한 입법적 근거 마련 ·············································· 170
나. 전자적 노동감시 규율을 위한 실무적 대응방안 ····································· 173
Ⅶ. 지능정보 기술과 정보인권 ········································································· 174
1. 의의 ··································································································· 174
2. 현황 및 문제점 ····················································································· 178
3. 국제 기준 ···························································································· 183
4. 주요 검토과제······················································································· 188
가. 인공지능 개발·활용에 있어서 기본적 인권 보호 원칙 적용 ································ 188
나. 투명성과 설명의무의 보장 ··········································································· 190
다. 인공지능 개발과 활용에서 영향을 받는 사람들의 권리 보장······························· 191
라. 인공지능 인권영향평가 등 인권준수 체계 마련················································ 191
제4장 향후 검토과제와 제언 = 195
부록 국가인권위원회의 정보인권 관련 주요 권고·의견표명 현황 = 203
목차
제1장 서 론 = 11
Ⅰ. 지능정보사회에서의 정보인권 ···································································· 11
Ⅱ. 정보인권 보고서 개정 발간의 필요성 ··························································· 14
Ⅲ. 정보인권 보고서 목표 ················································································ 17
Ⅳ. 정보인권 보고서 추진과정 ·········································································· 18
Ⅴ. 정보인권 보고서 구성 ················································································ 19
제2장 정보인권의 개념과 범주 = 23
Ⅰ. 개요 ······································································································· 23
1. 정보인권의 특수성 ················································································ 23
2. 정보인권의 유형 ··················································································· 23
Ⅱ. 정보인권의 유형별 고찰 ············································································· 25
1. 개인정보자기결정권 ·············································································· 25
2. 통신의 비밀과 자유 ··············································································· 28
3. 온라인에서의 표현의 자유 ···································································· 31
4. 정보접근권과 차별 해소 ········································································ 34
5. 향후 정보인권 개념의 분화 및 확대 ························································ 39
제3장 주요 현안과 쟁점 = 45
Ⅰ. 공공 및 민간의 개인정보 보호 ····································································· 45
1. 의의 ···································································································· 45
2. 현황 및 문제점 ······················································································ 46
3. 국제 기준 ····························································································· 48
4. 주요 검토과제 ······················································································· 54
가. 독립적인 개인정보보호 감독체계 강화 ···························································· 54
나. 「개인정보 보호법」 상의 과도한 적용제외 규정 정비 ·········································· 59
다. 「개인정보 보호법」 상의 수사목적 등의 과도한 목적외 이용·제3자 제공 허용 규정 정비·············· 64
라. 새로운 개인정보 처리 환경에서 정보주체의 권리 강화 ······································· 65
마. 일명 ‘개인정보 이동권’ 도입에 따른 정보주체 권리 형해화 개선 ·························· 67
바. 인터넷 상의 개인식별 연계정보 및 중복가입 확인정보 운영 개선 ························ 74
Ⅱ. 형사사법 절차에서 개인정보 및 통신의 비밀 보호 ········································· 78
1. 의의 ···································································································· 78
2. 현황 및 문제점 ······················································································ 81
3. 국제 기준 ····························································································· 82
4. 주요 검토과제 ······················································································· 84
가. 「전기통신사업법」 상 통신자료 제공 제도 개선 ·················································· 84
나. 「통신비밀보호법」 상 통신제한조치 및 통신사실 확인자료 제공 제도 개선 ············· 89
다. 온라인 원격지 압수·수색 개선 ········································································ 96
라. 휴대전화 기기 압수·수색 개선 ····································································· 100
Ⅲ. 온라인에서의 표현의 자유 증진 ································································ 107
1. 의의 ··································································································· 107
2. 현황 및 문제점 ····················································································· 108
3. 국제 기준 ···························································································· 110
4. 주요 검토과제 ······················································································ 111
가. 방송통신 심의 및 시정요구 제도 개선 ··························································· 112
나. 정보통신서비스 제공자의 임시조치 제도 개선 ················································ 118
다. 가짜뉴스 또는 허위조작정보 대응 ································································ 124
Ⅳ. 정보격차 및 차별 해소 ··············································································· 129
1. 의의 ··································································································· 129
2. 현황 및 문제점 ····················································································· 133
3. 국제 기준 ···························································································· 135
4. 주요 검토과제 ······················································································ 137
가. 대상별로 세분화한 정보격차 및 차별 해소 접근 ·············································· 137
나. 새로운 정보취약계층 및 정보격차 유형 조사, 지원범위 확대 등 ························· 139
Ⅴ. 재난 대응 및 사회 안전과 정보인권 ····························································· 141
1. 의의 ··································································································· 141
2. 현황 및 문제점 ····················································································· 142
3. 국제 기준 ···························································································· 144
4. 주요 검토과제 ······················································································ 147
가. 코로나19 등 감염병 예방 및 대응에서의 권리 보호 ········································ 147
나. CCTV 통합관제센터 운영 개선 ··································································· 154
다. 얼굴인식 기술 활용에 대한 인권적 통제방안 마련 ·········································· 159
Ⅵ. 기업의 전자적 노동감시와 정보인권 ···························································· 164
1. 의의 ··································································································· 164
2. 현황 및 문제점 ····················································································· 166
3. 국제 기준 ···························································································· 168
4. 주요 검토과제 ······················································································ 170
가. 전자적 노동감시 규율에 대한 입법적 근거 마련 ·············································· 170
나. 전자적 노동감시 규율을 위한 실무적 대응방안 ····································· 173
Ⅶ. 지능정보 기술과 정보인권 ········································································· 174
1. 의의 ··································································································· 174
2. 현황 및 문제점 ····················································································· 178
3. 국제 기준 ···························································································· 183
4. 주요 검토과제······················································································· 188
가. 인공지능 개발·활용에 있어서 기본적 인권 보호 원칙 적용 ································ 188
나. 투명성과 설명의무의 보장 ··········································································· 190
다. 인공지능 개발과 활용에서 영향을 받는 사람들의 권리 보장······························· 191
라. 인공지능 인권영향평가 등 인권준수 체계 마련················································ 191
제4장 향후 검토과제와 제언 = 195
부록 국가인권위원회의 정보인권 관련 주요 권고·의견표명 현황 = 203