30/09/2024, 15:37 Open Net Welcomes the Constitutional Court’s nonconformity decision on warrantless subscriber data access but Anonymous Free Speech … Open Net Welcomes the Constitutional Court’s nonconformity decision on warrantless subscriber data access but Anonymous Free Speech Must Be better protected by opennet | Jul 28, 2022 | Free Speech, Press Release, Privacy | 0 comments On July 21, 2022, the Constitutional Court of Korea rendered a decision of nonconformity(2016Hun-ma388) on the law allowing telecommunications business operators to disclose its users’ identification data(name, identification number, address, date of subscription and unsubscription, telephone number, ID, etc) to investigatory agencies requesting the same without a warrant (Article 83-3 of Telecommunications Business Act). The Court ruled that the law infringed the right to informational selfdetermination by violating due process as it lacks notifications to the affected persons which would otherwise allow them to become aware of the restriction of their rights and challenge its validity if necessary. It is noteworthy that the decision confirmed the importance of notification and that the access to the communications user data limits https://www.opennetkorea.org/en/wp/3710 2/7