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TITLE | Supreme Court Decision 2012Da105482 Decided March 10, 2016¡¼Damages¡½ [full Text] |
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Summary | |
[1] Meaning of personal information subject to protection by the right to self-determination of personal information, and whether personal information generated in public life or made public is included (affirmative) Whether the freedom of anonymous speech is included within the scope protected by the freedom of expression guaranteed under Article 21 of the Constitution (affirmative) Whether the right to self-determination of personal information or the freedom of anonymous speech can be restricted by law pursuant to Article 37(2) of the Constitution (affirmative) [2] Where a telecommunications business operator ¡ª upon request by a prosecutor or the head of an investigating agency ¡ª examines perfunctory and procedural requirements under Article 54(3) and (4) of the former Telecommunications Act and provides a user¡¯s communications data, whether such act can be deemed as an unlawful infringement of the user¡¯s right to self-determination of personal information or freedom of anonymous speech, etc. (negative in principle) |