[Exclusive] Legal Provision Granting Police 'Omnipotent Authority' for Information Gathering Established During Moon Government

After the 'Itaewon Tragedy,' Intelligence Report Indicates "Progressive Groups May Pressure Government"
Possibility of Indiscriminate Information Gathering Under the Pretext of 'Risk Prevention'... Police Internal Source Says "Providing Governance Information"

[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] Following the Itaewon tragedy, a document created by the police to collect public opinion trends has been disclosed, raising concerns that the so-called ‘all-purpose legal provision’ granting the police strong information-gathering authority is enabling indiscriminate production and drafting of information by the police. This provision was newly established in December 2020 during the Moon Jae-in administration and is evaluated as having granted the police not just the ‘duty’ but effectively the ‘authority’ to collect information.

According to Article 8-2 (Information Collection) Paragraph 1 of the Police Officer Duty Execution Act, police officers are authorized to collect, draft, and distribute information and verify related facts for the prevention and response to risks to public peace such as crimes, disasters, and public conflicts. Paragraph 2 states that the specific scope and processing standards of information, as well as the procedures and limits for verifying facts accompanying the collection, drafting, and distribution of information, shall be determined by Presidential Decree.

Unlike the police’s information collection, drafting, and distribution duties already stipulated in Article 2 of the same law, which defines the scope of police duties, the newly established provision does not define information collection activities as a duty but allows the exercise of authority.

At the time, voices within the police called for restrictions on information collection, but these were reportedly not reflected.

The problem is that the police, based on this ‘all-purpose provision’ for information collection, are conducting information activities that exceed the specific scope of collectable information defined by Presidential Decree.

After the Itaewon tragedy, it was revealed that the police collected and drafted information on progressive and conservative groups, women’s organizations, and media reporting trends. The document included responses from local government officials noting that compensation issues for the deceased might become an issue, and that there was a need to create an atmosphere where the government would participate in fundraising efforts amid the national mourning mood.

Additionally, it contained numerous contents that could influence government policies and governance, such as the fact that many of the deceased were women, which could be used to criticize the government’s ‘anti-women policies,’ or that civic groups might define the incident as a ‘second Sewol ferry disaster’ to pressure the government.

In effect, the police considered suggestions on government operations and even the regime’s stability, which appears to exceed the scope of information that can be collected in the course of duty.

The police are only authorized to collect information necessary for ▲crime prevention and response ▲recidivism prevention and victim protection related to convicts and parolees notified under the Protection Observation Act ▲safety of national critical facilities and protection of key personnel ▲counterintelligence and anti-terrorism activities ▲disaster and safety accident-related information ▲information necessary for assemblies and demonstrations ▲policies for protecting citizens’ lives, bodies, property, and preventing and responding to risks to public peace ▲road traffic-related information ▲identity investigations entrusted by the Commissioner General of the National Police Agency or information requested by heads of public institutions under the Public Information Disclosure Act based on laws.

The Presidential Decree titled ‘Regulations on Police Officers’ Information Collection and Processing’ also stipulates that "police officers must draft collected information based on objective facts and maintain neutrality, and must not distort content with specific purposes such as political involvement."

While police information collection activities to prevent dangerous situations in advance are essential, indiscriminate collection of information under the pretext of risk prevention, acquiring and distributing information unrelated to public risks, and including political content are being criticized as serious problems.

A current police officer criticized, "This is so-called collection and drafting of governance information. Since the provision granting authority for information collection exists, depending on interpretation, it can be used to exercise enormous power and even restrict citizens’ rights."

He added, "For example, intelligence police report to higher-ups that rising gas prices at gas stations are expanding into a national economic crisis. The reality is that the police intelligence line claims information unrelated to risks or legitimacy is related to risks."

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