act of acquisition of communications data can be carried out in an extensive and broad manner, targeting virtually all the citizens, and the Act Provision does not only very broadly and vaguely set forth the reasons for the investigative agency et al. to request the provision of communications data, but also does not have any procedures such as notifying users that their telecommunications business operator has supplied their communications data at the request of the investigative agency et al. Therefore, the Act Provision violates the rule against excessive restriction, rule of clarity, and principle of warrant, infringing on the right to informational self-determination of Complainants. B. 2002Hun-Ma105 As the Act communications a warrant, in a communications Provision allows an investigative agency to obtain data that can identify the user’s personal details, without simple way, it is in violation of the confidentiality of and the principle of warrant. C. 2022Hun-Ma110 The Act Provision prescribes the objectives of personal information collection and the scope of the affected in an overly broad manner and does not establish ex-ante or ex-post judicial controls. Even though personal information has been provided to an investigative agency, nevertheless, the Act Provision does not have a procedure to notify individuals who are the subjects of the information and permits indiscriminate acquisition of personal information by the investigative agency. Therefore, the Act Provision violates the right to informational self-determination and confidentiality of communications and is contrary to the rule against excessive restriction, rule of clarity, and principle of warrant. - 33 -

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