안면인식기술의 발전에 따른 개인정보자기결정권 보호에 관한 고찰

Abstract

Biometrics technology has rapidly developed over the past few years and has been implemented and used in real life for identity verification. The introduction of biometric technology without proper protection could cause invasion of privacy, especially personal information, which requires the constitutional study, however. Specific regulations should be prepared for facial recognition information, in particular. The infringement caused by leakage is enormous as the biometric information, including facial recognition information, has the characteristic that it does not change unlike existing personal information. Moreover, it could be said that it is urgent to establish regulations on the current situation where ‘intelligent CCTV’ with facial recognition functions is being introduced. In Illinois, U.S., the Biometric Information Privacy Act (BIPA) establishes regulations on biometric information, and Facebook was liable for $650 million in damages for violating it. Since then, U.S. civic groups have demanded the suspension of the use of facial recognition technology, and bills to strengthen the facial recognition system and prohibit facial recognition technology have also been proposed. Although Korea protects biometric information as sensitive information through the Personal Information Protection Act and the Enforcement Decree of the same Act, improvements of the Personal Information Protection Act are required by focusing on the risk of personal information infringement of facial recognition technology. Regulations for exceptional handling of sensitive information should be more specific and regulations for liability for damages due to violations of the law should be improved, and regulations for ‘intelligent CCTV’ should also be prepared.