D. 2022Hun-Ma126 1. Act of Acquiring Communications Data (a) The Act of Acquiring Communications Data was an exercise of governmental power by Respondents, in a superior position, against Complainants listed in Appendix 4 through the telecommunications business operators, and this is a de facto exercise of power which already terminated, which in turn makes it highly likely for a court to deny justiciable interests. In this sense, the exception to the requirement of exhaustion of prior remedies is recognized. In addition, considering the importance of personal information protection and the practice of reckless information acquisition by an investigative agency through telecommunications business operators, the need for a constitutional explanation is acknowledged. (b) Since the act of acquisition of communications data by an investigative agency is conducted without consent of the data subject in the absence of ex-ante or ex-post judicial control or even ex-post notification, it should be considered a compulsory criminal investigation to which the principle of warrant applies. Therefore, the Act of Acquiring Communications Data of Complainants listed in Appendix 4 is not only against the principle of warrant, but also against their right to informational self-determination and is also against the principle of due process of law as the data subject was not guaranteed to participate in the process of the investigative agency’s acquiring communications data nor were there remedy procedures under which Complainants are notified of such acquisition and may challenge it. 2. Act Provision (a) The Act Provision is so broad in its purposes and the scope of affected that it enables investigative agencies to indiscriminately collect - 34 -