개인정보보호와 관련한 유럽인권재판소의 판례 동향과 그 의미

Abstract

The European Court of Human Rights decides whether the personal data held by state institutions constitutes a violation of the right to respect for private and family life. It fully considers the specific context of each case, such as the nature of the recording, the information, and usage of the acquired information. The General Data Protection Regulation (GDPR) was passed in the European Union (EU) and came into effect on May 25, 2018. GDPR imposes duties of personal data protection on any organizations in the world that handles or collect information relating to people in the EU. As such, at a time when Europe is leading the development of the world's personal information protection law, it is important to examine the trends in the specific cases of the European Court of Human Rights. Particularly, the ECtHR case law on personal data protection has not been fully introduced to Korea. It is expected that the study of judicial trends through the cases of several member countries of EU related to personal data protection will give implications to the revision process of the Personal Data Protection Law and future court decisions in Korea.