PSPD in English About PSPD 2019-06-03   10323

[Annual Report 2018] Personal Information is Not for Sale.

Personal Information is Not for Sale.

#Right to Information #Personal Information Protection # Uncontrolled Packet Surveillance is Unconstitutional #100 meters ahead of Government Agencies # Freedom of Assembly

 

We need to stop the deregulation of protection of private information

The leakage of personal information and unauthorized use in Korean society is not a matter of one or two days. Still, the government has tried to deregulate private information nominally insisting to vitalize the data industry. In response, we expressed concern over the flow of the government and the industry’s privacy deregulations, as well as the need to unify the privacy watchdog. We also published an issue report that analyzed 44 cases of personal information infringement that occurred over the past 10 years.

 

Uncontrolled Packet Surveillance Is Unconstitutional 

We have consistently campaigned to limit the vast and comprehensive collection of information by investigative agencies. We filed a petition to the Constitutional Court for allowing information collected by the so-called “packet surveillance” that particularly and comprehensively eavesdrops all information coming and going through the Internet circuit despite the high risk of abuse of authority, to prevent infringement of basic rights, and it was only in 2018 that a decision that packet inspection did not fit the Constitution was made. Although NIS has been free to monitor packets without actual control of the judicial organs, it is still an achievement to clearly recognize the unconstitutionality of packet inspection.

 

A prohibition of the rally within 100 meters of National Assembly and Court is Unconstitutional

The right of anyone to assemble safely and peacefully anywhere is guaranteed by the Constitution. However, the current law has violated the constitutional freedom of demonstration by banning rallies within 100 meters of key institutions, including the Blue House, the National Assembly, and the public offices of the prime minister, all of which should listen to the people’s voice. In response, PSPD Public Interest Law Center induced a decision that a 100-meter ban on assembly of the National Assembly and the Courts does not conform to the Constitution by filing a petition and filing a petition for unconstitutionality of a protest within 100 meters in front of major organizations such as the Blue House, the National Assembly and the Court, which are based on Article 11 of <the Law on Assembly and Demonstrations>. We will continue the campaign to urge the National Assembly to revise the Assembly Law based on the Constitutional Court’s decision.

 

Main activities

  • 01/15, 1/19, and 2/28 [Press Conference] PSPS files a petition for the Constitution against banning assembly within 100 meters of the Blue House, National Assembly, and the Courts
  • 05/31, 07/26 [Winning] Constitutional Court declared that the prohibition of assembly within 100 meters of the National Assembly and Courts violates the constitution. 
  • 07/11 [Winning] PSPD won the case for a claim to damage of the blockade of one-man demonstration in front of the Blue House
  • 08/17 [Constitution Petition] 2016 General Election Network filing a petition to the Constitution for the poisonous clause of the Election Law
  • 08/30 [Winning] Constitutional Court decided that Section 5, Sec.2 of Communications Secrets Protection Act, on which the Packet Surveillance based, is unconstitutional 
  • 10/01 [Issue Report] Who took all of my personal information – 2007-2017 History of Hardship of Personal Information Worst 44

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