個人情報保護法制と表現の自由 : 日韓の比較を中心に  [in Japanese] A Study on the Personal Information Protect Legislation and the Freedom of Expression : Focusing on Comparative Study on the Current Situation of Japan and Korea  [in Japanese]

The personal information of leakage and abuse has been increasing with developing information-oriented society in Japan and Korea. So that, recently Japan enacted new personal information protect law focused on private section to cope with this problem. K

The personal information of leakage and abuse has been increasing with developing information-oriented society in Japan and Korea. So that, recently Japan enacted new personal information protect law focused on private section to cope with this problem. Korea is proposing revised or strengthened legislations which are related personal information protect. By the way, new legislations or legislative plan in both countries have several defects, such as lacked in the philosophy of regulation on flow of personal information, not fully reflected modern concept of the right of privacy. Especially, it is insufficient of considerations for freedom of expressions. It is important to protect personal information and remedy for infringement of that in order to ensure personality autonomy. Although a certain information is private data, it is not too say that the activities to collect, preserve, and use that by mass media is not always permitted. According to the degree of protection necessity and the presence of public characteristics or public interests, an offer and use of private information could be permitted. Therefore, the treatment of personal information by mass media should be fundamentally excluded from legal regulation.