Human Rights Commissioner Song Doohwan: "Current Telecommunications Business Act Raises Privacy Invasion Concerns"

The Right to Self-Determination of Personal Information Must Be Guaranteed

Song Doo-hwan, Chairman of the National Human Rights Commission of Korea (NHRCK), urged the revision of the Telecommunications Business Act to guarantee the right to self-determination of personal information.

National Human Rights Commission of Korea building. Photo by Human Rights Commission

On the 23rd, Chairman Song stated in an official statement, "It is undeniable that investigative agencies need to identify personal information of crime suspects, etc., for swift and efficient criminal investigations," but he also pointed out, "However, the current Telecommunications Business Act stipulates very broad conditions under which investigative agencies can request communication user information."

Currently, the Telecommunications Business Act allows investigative agencies to request telecommunications service providers to submit user information such as name, resident registration number, address, phone number, subscription date, or cancellation date for trials or investigations, and telecommunications service providers may comply with such requests.

Additionally, in cases where there is a concern of evidence destruction, flight risk, or infringement on the honor or privacy of parties involved in the case, the notification of information provision can be deferred twice for up to six months, and if deferred, notification can be given within 30 days after the deferral period ends. This has raised concerns that the parties involved may only become aware of the provision of their information long after it has been provided.

Chairman Song said, "Communication user information includes name, phone number, resident registration number, address, etc., and viewing or providing such information may limit the user's right to self-determination of personal information. When combined with communication fact confirmation data, it may infringe on an individual's privacy and the secrecy of communications," adding, "I hope that through serious discussions in the National Assembly's legislative process, the Telecommunications Business Act will be revised to more robustly guarantee the right to self-determination of personal information, privacy, and the secrecy of communications."

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