Whether to emphasize on the economic benefits from the development of science and technology, the development of the cyber industry, cyber safety and protection etc. or to put the emphasis on democracy and constitutional values, privacy and self-dete ...
Whether to emphasize on the economic benefits from the development of science and technology, the development of the cyber industry, cyber safety and protection etc. or to put the emphasis on democracy and constitutional values, privacy and self-determination of information and protection of various fundamental rights. I've studied about this theme using comparative legal analysis, introduction, and implications for our legislative, judicial, and administrative affairs. This study and research can be used in practical fields such as legislative, administrative, and judicial as well as academic fields. In particular, we can contribute to judging the direction of how to make changes in the legislative policy from the viewpoints of some problems in our legislation.
Due to the development of the Internet and Big Data technology, online and offline are connected and interconnected. Regarding cyber security, it is necessary to maintain the normative power of changing reality through the theoretical approach including both the type of security on the cyber and the type combined with offline.
An approach to obtaining answers to these questions a "comparative legal review" is very important.
In the end, the challenge for us is to establish legislative, administrative, and judicial jurisdictions related to the risk control administration on cyberspace in order to ensure that the rule of law is maintained and "harmonized" with cyber security. Therefore, it will be a major task in the future to take much effort and cost into forming laws, administrative and precedents that comply with the lawful requirements of subject, procedure, form, and contents etc.
I have made concrete researches to control the risks on Cyber.
Finally, I have systematically summarized the theoretical limitations of risk prevention measures using ICT. In relation to the requirements of the subject, I examined the principle of the separation of information institutions and police, and the alleviation of the international organization of administrative organizations, statutory authorities, and administrative agencies. With regard to procedural and formal requirements and limitations, it has been found that the principles of due process are more important in the prevention of risk advancement using ICT. In this regard, it is necessary to establish and observe various procedures such as the principle of advance notification and transparency, the procedure of consent, the warrant, and the obligation of indication.
The content requirements and limitations were divided into general and special. The general requirements and limitations should be the risks, which need to be classified into the residual risk, the risk of possibility step (Risiko), and the risk of high possibility step (Gefahr) depending on the risk degree, timing and stage of risk. I had also examined the precedents related to this. As a general requirement, the principle of reserving the law emphasizes the essential and grave infringement of fundamental rights. Depending on the extent and nature of the risk, individual rights may be required, or there may be cases where a general authorization is sufficient. In addition, the relevant provisions allowing for the prevention of risk advance should be clearly enacted in relation to infringement of fundamental rights. Above all, profit penalties based on the principle of proportionality are important. The principle of equality also applies. Especially recently, the principle of cooperation has been emphasized in order to solve this problem, and the principles of international cooperative cooperation including Public Private Partnership should be applied. Many advanced countries for example Germany and the United States have also been examined of them. The principle of responsibility is being emphasized in recent global trends. The eusuring state and steering state models are linked to this.
As the special requirements and limitations of the scientific tools, firstly the principle of object binding must be applied. However, it should not be relieved to such an extent that the fundamental purpose of the principle of object binding is undermined. The collection, processing and storage of information directly related to the principle of information relevance should be recognized. For the principle of information accuracy, the latest information, the integrity of information, the confidentiality and security of information, and the reliability of information are required. The principle of information retention restraint is also meaningful, and it is required to establish the principle of period setting and restriction, the principle of anonymization and non-discrimination, the use of decryption key and pseudonymization. As additional requirements for information collection, the principle of openness, the principle of immediacy, the two-stage protection of core and non-core areas, the theory and interests of public figures should also be considered. As an additional requirement for information processing, the concept of information processing in the information society is expanding, and the principles of process processing must be observed.