The Protection of Individuals with Regard to Processing of Personal Information

Personal information protection in not to protect personal data per se, but to protect subject right with regarding to processing of personal information, which originate from the Constitution provision “the state respects and guarantees human rights”. It does not start from and exclusive object of the Personal Information Protection Act (the PIPA) for the reason that identifiable personal interests in personal information and information security are recognized and protected by the Civil Law and the others special statutes. The PIPA protects subject right by enacting fair rules for the processing of personal information against misuse in the processing. The PIPA is the basic law in all legislations that protect individual by regulating the processing of personal information, which the balance between individual protection and social use of personal information should achieve by allocation of rights and obligations between subject and user of the information. The principle-based approach should be adopted in the PIPA, in which legality basis should by linked to other laws, and the basic principles should be enacted and implemented in detail in the special legislations and industry practices.