디지털시대의 사회안전망에 관한 법적 고찰

In South Korea, artificial intelligence (AI)-related personal information protection has long been an issue, and the Lee-Luda (also referred to as ‘Iruda’) incident drove the development of specific policies and guidelines. The Lee-Luda case is fairly important for AI governance in Korea, since the Personal Information Protection Commission (PIPC) decision was the first to make a judgment on the Personal Information Protection Act (PIPA) violations as a result of development and operation of AI. Following the Lee-Luda case, Korean society became more aware of the risks posed by privacy infringement in the age of intelligent information technology. Lawmakers began to establish legal frameworks for the protection of personal information while developing AI products and services. This study reviews legal issues and suggests policy directions while highlighting the significance of the Lee-Luda case, which was an epochal turning point in the protection of personal information related to AI products and services in Korea. First, the authors review the PIPC’s decision on Scatter Lab’s violation of the PIPA, analyse the legal issues in the Lee-Luda case, and derive the significance and limitations of the decision. Next, the authors suggest that it is desirable for AI governance to move towards self-regulation in a manner that ensures the autonomy of AI developers and operators; they also review the recent trends in the laws and policies on data protection that have been continually developed since the Lee-Luda case, especially with a focus on the AI Personal Information Protection Self-Checklist (Self-Checklist).

In the era of “big data”, personal information can be accumulated and utilized in large quantities. At the same time, the uneasiness about the invasion of personal privacy also follows. This paper focuses on the development and evolution of Japan’s Personal Information Protection Law, the restrictions on the application of personal information in Japan, the key points of revision of Japan’s Personal Information Protection Law and other measures taken by the Japanese government, and puts forward three inspirations from Japan’s personal information protection system to China. That is, (1) formulate a special law of the Personal Information Protection Law of the People’s Republic of China, (2) encourage all social parties to actively participate in “personal information protection”, and (3) establish a personal information protection system in line with national conditions. It is expected to provide useful reference for the further improvement of China’s information protection system.

핀테크 서비스 산업은 현재 전 세계적으로 ICT 기술을 기반으로 모바일 등 다양한 채널을 통해 금융 및 결제서비스의 혁신을 이끌며 빠르게 성장하고 있다. 국내에서도 간편결제 서비스를 중심으로 다양한 핀테크 서비스 산업이 형성되고 있다. 이러한 핀테크 서비스는 여러가지 보안 위협들이 존재하며, 그 중 개인정보 및 금융정보를 수집 이용함에 따라 이에 대한 정보 유출이나 프라이버시 침해 사고 가능성도 증가할 것이다. 이에 본 논문에서는 핀테크 서비스 중 간편결제 서비스를 대상으로 자신의 개인정보보호에 대한 합리적인 선택을 하는 이용자들(Privacy Pragmatists)에 대해 해당 서비스를 이용 및 선택 시 개인정보보호에 대한 자가평가를 할 수 있도록 평가항목을 도출하며, 이를 통해 향후 핀테크 서비스의 개인정보 보호를 위한 보안 정책을 제언하고자 한다. FinTech service industry has been growing rapidly around the world. It has driven innovation in financial and payment service industry with different channels such as mobile based on Information and Communications Technology (ICT). However, FinTech service is vulnerable to different security threats due to use the valuable data such as personal information and financial information. It is undeniable that collection and use of those information may increase the possibility of identity theft or privacy breach. In this paper will develop a self-checklist for the Simple Payment service users (Privacy Pragmatists) who want to make a rational decision to protect their personal information. The checklist is going to let the users assess the personal information protection by performing the assessment themself when they use the service. The body of this paper is going to analyze the items of the checklist and through the analysis, will suggest a security policy for personal information protection of FinTech service.

In the digital age, data privacy protection is facing legal challenges and countermeasures. Traditional privacy protection laws have limitations and cannot fully adapt to the era of big data. The illegal collection and utilization of personal information, the failure to meet ethical standards for privacy protection under new technologies, and the lagging legislative practice of personal information protection are all issues that need to be addressed. This article adopts a series of measures and advocates public awareness to enhance citizens' awareness and participation in personal information protection. From an international perspective, the experience of the EU's "data protection" system is worth learning from, while personal information protection involves basic human rights and should be ensured by legislation. In the future, it is necessary to design a path that balances information freedom and privacy protection, explore technology and incentive paths, industry self-discipline and rights building paths, in order to ensure effective protection of data privacy.

The rapid growth of the big data industry has made personal information the basic resource. However, the convenience of obtaining personal information and the commerciality will inevitably lead to the problem of personal information security protection. Based on this background, this paper takes company A as the research case draws out the insufficiency of the protection of customers personal information: system risk, human risk, and process management risk in data storage and transmission, and systemic and human factors in data-supported security, and puts forward the countermeasures for the protection of personal information: 1) Clarification of the main bodys responsibility; 2) Classification and grading control; 3) Avoiding sensitive data out of the network; and 4) Information use requiring authorization. This study provides relevant suggestions on how to improve the security protection of personal information in the field of big data applications; from the technical aspect, it adopts classification control use authorization and other technologies to reduce network risks; on the other hand, from the management aspect, it clarifies the main safety responsibility, strengthens the professional skills training of personnel, and authenticates the use within the scope of authority, which can help enterprises make future strategies.

The article is dedicated to definition of the range of problems which arise due to the development of the Internet of things and to the analysis of the ways of their solution. It is noted that the most important issues in this sphere are: problems of personal data protection and holding of the principle of non-interference into private life, problems of information security, a problem of user’s identification, responsibility of participants of these relations, problems of collecting proofs and so forth. Among them the problem of personal data protection and information security is primary. Special attention is paid to these problems, ways of prevention of violations in this sphere are defined. It is noted that recently adopted in European Union General Data Protection Regulation addressed the problem of personal data protection in the sphere of the Internet of things. In this legal act so-called friendly rules for innovations were enshrined, according to which data protection guarantees concerning products and services have to be provided at early stages of development, that is at a design stage (Privacy by Design or Data Protection by Design). To the basic principles of Privacy by Design refer, particularly: 1) preventive measures, that is orientation on prevention of violations, but not just elimination of consequences; 2) confidentiality, maximum protection of personal information; 3) simultaneous safety of a system and protection of personal information; 4) protection of personal information throughout the whole cycle of its collecting, processing, storage and so on; 5) availability and openness of components of a system. The problem of information security is suggested to be resolved, particularly, by self-regulation in the sphere of the Internet of things. It is also offered to enter standardization and obligatory certification of objects which are part of the system of the Internet of things. In Europe for the purpose of safety there is considered to be enforced obligatory certification of all devices which are connected to ІоТ. The member countries of the EU consider the possibility of development of a complex of the actions aimed at ensuring of cyber security of the Internet of things. Such approach is advisable, though gives in to criticism as excessive regulation can interfere with development of technologies in the ІоТ.

With the advent of the big data era, people's production and lifestyles have undergone significant changes.While enjoying the convenience brought by big data, they are also suffering from a series of new problems arising therefrom, such as personal information sales and information leakage.Information security issues have become increasingly prominent.How to properly protect the rapidly growing personal information data has become a serious issue that must be resolved in the era of big data.Starting from the basic situation and protection status of personal information, this article analyzes the main problems facing my country's personal information protection in the era of big data, and proposes countermeasures for personal information protection in civil law, in order to enhance the awareness of personal data protection and strengthen personal information protection capabilities.Provide strong support and provide practical reference for improving the relevant civil law system.

By examining the privacy policies of leading Chinese Internet and information service providers (IISPs), this study found their privacy policies to be generally compliant with China’s personal information protection provisions. These IISPs use proper mechanisms showing their commitment, measures and enforcement to data security, but their Fair Information Practices need improvement. Personal information protection in China is severe. Privacy policies offer more ‘notice’ than they do ‘choice’. Chinese IISPs collect and use information extensively in the guise of providing value to users, but have given insufficient consideration to transborder data flows and change of ownership. Societal and technological mechanisms have not been widely sought.

面對新個資法的修正，企業如何保護個人資料，避免因個資外洩造成企業難以估算之損失，為目前企業界的重要議題。本研究旨在瞭解國際個人資料保護之相關規範，進而探討臺灣個人資料保護與管理制度(TPIPAS)施行現況。因此先透過文獻分析法探究瞭解國際與我國個人資料保護之相關規範與施行現況並比較其差異，再經由專家訪談蒐集企業導入相關制度之意願與現況問題。本研究進而與國際作法進一步比對分析後發現：1.政府應對相關制度加強宣導以強化民眾對TPIPAS制度的信心及信任度；2.政府應對有意導入TPIPAS制度之事業提出相關補助措施；3.政府應仿效其他先進國家成立獨立專責機構以培訓專業人員；4.政府應訂出明確查核事項等，以確實建立制度達到落實個資保護的目的。期望本研究成果可提供政府持續改善TPIPAS制度，進一步成為國家標準。

Artificial intelligence (AI) and machine learning (ML) have the potential to revolutionize the healthcare system with their immense potential to diagnose, personalize treatments, and reduce physician burnout. These technologies are highly dependent on large datasets to learn from and require data sharing across organizations for reliable and efficient predictive analysis. However, adoption of AI/ML technologies will require policy imperatives to address the challenges of data privacy, accountability, and bias. To form a regulatory framework, we propose that algorithms should be interpretable and that companies that utilize a black box model for their algorithms be held accountable for the output of their ML systems. To aid in increasing accountability and reducing bias, physicians can be educated about the inherent bias that can be generated from the ML system. We further discuss the potential benefits and disadvantages of existing privacy standards ((Personal Information Protection and Electronic Documents Act) PIPEDA and (Personal Information Protection and Electronic Documents Act) GDPR) at the federal, provincial and territorial levels. We emphasize responsible implementation of AI by ethics, skill-building, and minimizing data privacy breaches while boosting innovation and increased accessibility and interoperability across provinces.

When the personal data is reported through media, the Personal Information Protection Act(PIPA) should set forth standards for the extent to which this can be be permitted. In this article, I study a post-ex post legislative evaluation of the Personal Information Protection Act and to propose amendments.
 On Korean PIPA, Article 58, excludes Personal information collected or used for its own purposes of reporting by the press, only Chapters 3 to 7 of PIPA, so the provisions of Chapter 9(Supplemental Provisions) and Chapter 10(Penal Provisions) are all applied. Therefore, there is a problem that can be punished as a violation of the PIPA when the public reports for the public interest as well as media reports.
 Article 6 of the EU's GDPR (Lawfulness of processing) recognizes processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller(e). Article 85 stipulates that the Processing and freedom of expression and information should be balanced with the right to freedom of information, and that the application of Chapters 2 to 7 and 9 of the GDPR be excluded for journalism purposes. And the legality of processing in Article 8 of the UK Data Protection Act (2018) further elaborates this. Article 57 of the PIPA of Japan, excludes application, does not impose any obligations on personal information handling business operators for reporting purposes. In addition, the Japanese Public Interest Notified Person Protection Act requires the person making the public interest notification to submit a public interest notification to the Personal Information Protection Commission if there is a concern about violating the PIPA.
 In conclusion, on Korea's PIPA, it is necessary to stipulate that the PIPA is not applied in the case of public interest whistleblower. For this purpose, the provision of personal data should stipulate in Article 17 of the Amendment Act, “in case of reporting facts related to crime or facts related to crime for the purpose of public interest or reporting,”. and It is necessary to expand the exclusion of media coverage in the application exclusion rule of Article 58 to some punishment provisions, and to amend the direction to protect the public interest whistleblower protection law in the Public Interest Whistleblower Protection Act. At the same time, research should be continued so that relevant laws and regulations can present clear standards so that individual honor or privacy and public interest information can be guaranteed at the same time.

One of the areas in which these technological advances are dramatically influencing people’s lives is information technology and telecommunications hence the claim that we are in the midst of a ‘digital revolution’ that is driving us towards an ‘information society’. The development of human learning abilities has been changed over the past 60 years of technological innovation starting from the widespread use of the radio, through television, and finally to the mass implementation of computers and information and communication technologies (ICT). With information revolution on the go, shift towards knowledge-based economy is the prime target of all nations of the world. Also, there is a growing concern about the current trends in ICT adoption and use. Throughout the world communities are grappling with the concept of knowledge based development. Education is considered, as the most important contributing factor to nations development and achievement of knowledge economy in the era of information revolution. Education especially the primary and secondary education is important; as it is here the foundations of knowledge are led. The literature on educational technology lacks empirical research on the social practice of information and communication technology (ICT) that would enable us to extend our understanding of the barriers to adoption and integration of ICT in the educational context. The present field study was undertaken with teachers, students, parents and staff of a government primary educational institute in a disadvantaged rural area of India. Research was initiated with the investigation by adapting participatory appraisal methods suitable to a rural context. The anthropological approach used in the present research focuses on the influences of culture and society on the individual adoption behavior; it emphasizes participant observation and academic analysis of behavior through both management and consumer perspectives. The cultural capital in question includes knowledge about ICT product features and qualities, ICT skills, digital literacy, the level of education of family elders, and proficiency in English. Economic capital includes access to electricity, lack of knowledge of the ICT market, a transportation system, and ownership of ICT equipment. Social capital includes distrust of rural and semi-urban sources of ICT purchases, lack of motivation, and access to ICT. In addition to finding ways to facilitate the work of teachers and educational institutions in both formal and non-formal learning environments, the informal learning environment has to be considered. The paper explores that every culture, organizational or national, is different, and not all technologies are equally acceptable in all cultures. It brings forward the ground realities including policy concerns, failures in governmental efforts and community’s role in facilitating ICT adoption. It also highlights the role of teacher’s in promoting ICT adoption and use in education. The better we understand culture, the better we can maximize the usefulness of new information technology in the workplace. Keywords: ICT4d, educational technology, digital literacy, developing countries, barriers to technology, diffusion of innovations.

The introduction of the Law of the People’s Republic of China on the Protection of Personal Information (hereinafter referred to as the Personal Information Protection Law) is a strong response to the unwavering defense of the right to self-determination of personal information in the era of the great development of China’s digital economy. There are three prerequisites for the application of the imputation principle of the Personal Information Protection Law: the information processing subject is the Personal Information Processor; the information right subject is a natural person; and the tort liability is the basis of the claim. Therefore, only by clarifying the above three premises, especially the dichotomy of processor and controller in the concept of personal information processor and the single theory of processor, can the liability principle be applied accurately.

With the rapid development of mobile Internet, minors' personal information is inevitably collected and processed by various information processors. Due to the characteristics of immature mental development and weak risk prediction ability of minors, it is difficult to effectively protect their personal information security. Although China's "Personal Information Protection Law" makes provisions on the protection of minors' personal information, there are still some problems such as "one-size-fits-all" age limit and imperfect guardian consent system. This paper will test the current hundreds of various types of apps, conduct a questionnaire survey on the protection of personal information of minors and their guardians, analyze the current dilemma of the protection of personal information of minors at the social level, propose countermeasures according to the symptoms, and explore more targeted ways to protect the rights and interests of minors' personal information. Escort the physical and mental healthy development of minors under the background of the information age.

As a new problem arising from algorithm and information abuse in the data age, big data killing is difficult to be regulated by law before the promulgation of the Personal Information Protection Law, and the relevant judicial practice is not mature enough. The implementation of the Personal Information Protection Law clearly prohibits the killing of big data from the perspective of protecting personal information, and makes comprehensive provisions from the three stages of personal information collection, processing and application. However, the relevant regulations are not perfect, and the right to carry personal information and the impact assessment system of personal information protection still need to be clarified. In terms of information compliance, the government and enterprises should build a multi governance mechanism to improve personal information protection and governance capabilities.