제1장 서 론
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
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
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
부록 국가인권위원회의 정보인권 관련 주요 권고·의견표명 현황