Spying on communication records ruled not constitutional
The Constitutional Court has struck down a law that allowed mobile carriers to share personal data with law enforcement agencies without notifying the affected user. In its unanimous ruling last Thursday, the top court ruled that the relevant clause in the Telecommunications Business Act is "in discord with the Constitution," stating that the law violates the right to self-determination of personal information.
Under the telecommunication law, mobile carriers can accept requests from law enforcement agencies to provide them with the personal data of any customer who is under investigation, including name, resident registration number and address. But the law does not oblige the mobile carriers to inform users of when their information is given to the investigative authorities. In relation to this, the Constitutional Court said, "Acquiring communication data itself is not unconstitutional, but failing to devise measures to notify affected people when acquiring communication data is unconstitutional."
In the wake of the court's constitutional nonconformity decision, the Assembly must revise the current Telecommunications Business Act by the end of next year. The ruling is sure to put the brakes on indiscriminate inquiries about individual communication records by investigative authorities without consent. According to the Ministry of Science and ICT, communications data was offered to law enforcement agencies 5.48 million times in 2020, suggesting that one out of 10 people here had their personal information compromised unknowingly.
The National Human Rights Commission of Korea recommended in 2014 that the clause in question be deleted, claiming that it excessively violates people's privacy and freedom. And civic groups filed a constitutional appeal against the clause in 2016. But the Constitutional Court has done nothing for six years before making the overdue ruling.
Lawmakers are not free from criticism, either, given that they have not touched the relevant clause although there has been much controversy over its unconstitutionality. The rival parties cannot avoid criticism for approaching the issue purely out of partisan interest. They should put their heads together and discuss the revision so that people's rights can be guaranteed fully.
The Constitutional Court has struck down a law that allowed mobile carriers to share personal data with law enforcement agencies without notifying the affected user. In its unanimous ruling last Thursday, the top court ruled that the relevant clause in the Telecommunications Business Act is "in discord with the Constitution," stating that the law violates the right to self-determination of personal information.
Under the telecommunication law, mobile carriers can accept requests from law enforcement agencies to provide them with the personal data of any customer who is under investigation, including name, resident registration number and address. But the law does not oblige the mobile carriers to inform users of when their information is given to the investigative authorities. In relation to this, the Constitutional Court said, "Acquiring communication data itself is not unconstitutional, but failing to devise measures to notify affected people when acquiring communication data is unconstitutional."
In the wake of the court's constitutional nonconformity decision, the Assembly must revise the current Telecommunications Business Act by the end of next year. The ruling is sure to put the brakes on indiscriminate inquiries about individual communication records by investigative authorities without consent. According to the Ministry of Science and ICT, communications data was offered to law enforcement agencies 5.48 million times in 2020, suggesting that one out of 10 people here had their personal information compromised unknowingly.
The National Human Rights Commission of Korea recommended in 2014 that the clause in question be deleted, claiming that it excessively violates people's privacy and freedom. And civic groups filed a constitutional appeal against the clause in 2016. But the Constitutional Court has done nothing for six years before making the overdue ruling.
Lawmakers are not free from criticism, either, given that they have not touched the relevant clause although there has been much controversy over its unconstitutionality. The rival parties cannot avoid criticism for approaching the issue purely out of partisan interest. They should put their heads together and discuss the revision so that people's rights can be guaranteed fully.
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