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.
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