PCA's 'Indiscriminate Communication Data Requests' Surveillance Controversy... Human Rights Chair Urges "Establishment of Control Procedures"

"Must Provide Only the Minimum Necessary Within the Scope Required for Investigation"

Song Doo-hwan, Chairperson of the National Human Rights Commission of Korea. / Photo by Dongju Yoon doso7@

[Asia Economy Reporter Lee Gwan-joo] Amid the controversy over 'surveillance' sparked by the High-ranking Officials' Crime Investigation Unit (Hogeumgongjikja Beomjoe Susa Cheo, Gongsucheo)'s indiscriminate acquisition of communication data, Song Doo-hwan, Chairperson of the National Human Rights Commission, expressed concern and urged urgent improvements to related laws and systems.

On the 6th, Chairperson Song issued a statement saying, "It cannot be denied that the activity of investigative agencies to ascertain basic personal information about crime suspects is essential for the realization of social and public justice through criminal investigations," but added, "When providing personal information such as communication data, it should be provided minimally within the scope absolutely necessary for the investigation, and appropriate control procedures should be established in related laws to minimize fundamental human rights violations."

The current Telecommunications Business Act stipulates that the heads of courts, prosecutors, and investigative agencies may request telecommunications service providers to provide communication data such as users' names, resident registration numbers, addresses, and phone numbers for information collection related to trials and investigations, and telecommunications service providers may comply with such requests. However, the broad scope of permissible conditions, the absence of pre- and post-control procedures, and the lack of notification procedures to users about the provision details have continuously drawn criticism for infringing on basic human rights such as the right to informational self-determination and the confidentiality of communications.

According to the status of communication data provision announced by the Ministry of Science and ICT on the 24th of last month, the number of communication data provision cases reached 5,484,917 in 2020 and 2,559,439 in the first half of 2021. This means that communication data was provided for approximately one in every ten citizens.

The Human Rights Commission already recommended amendments to the Telecommunications Business Act in February 2014 and submitted an opinion to the Constitutional Court expressing concerns that the communication data provision system might infringe on the right to informational self-determination. Additionally, the United Nations (UN) has continuously expressed the view that improvements to South Korea's communication data provision system are necessary.

Chairperson Song stated, "It is judged that the excessive communication data provision practices commonly occurring not only in the High-ranking Officials' Crime Investigation Unit's requests but also in all investigative agencies such as the prosecution and police need to be improved," and added, "The Human Rights Commission hopes that this controversy will serve as an opportunity to amend the Telecommunications Business Act so that citizens' right to informational self-determination and the confidentiality of communications are guaranteed."

This content was produced with the assistance of AI translation services.