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개인정보 보호법령 및 지침·고시 해설 (개인정보 보호법 해설서(안))

제1장 총칙

〔제1조〕 목적 ············································ 3
〔제2조〕 정의 ············································ 8
〔제3조〕 개인정보 보호 원칙 ··································· 30
〔제4조〕 정보주체의 권리 ····································· 33
〔제5조〕 국가 등의 책무 ····································· 36
〔제6조〕 다른 법률과의 관계 ··································· 37

제2장 개인정보 보호정책의 수립

〔제7조〕 개인정보 보호위원회 ··································· 43
〔제7조의2〕 보호위원회의 구성 등 ································ 45
〔제7조의3〕 위원장 ········································ 45
〔제7조의4〕 위원의 임기 ····································· 45
〔제7조의5〕 위원의 신분보장 ··································· 45
〔제7조의6〕 겸직금지 등 ····································· 45
〔제7조의7〕 결격사유 ······································· 45
〔제7조의8〕 보호위원회의 소관 사무 ······························· 50
〔제7조의9〕 보호위원회의 심의·의결 사항 등 ·························· 50
〔제7조의10〕 회의 ········································· 53
〔제7조의11〕 위원의 제적·기피·회피 ······························· 53
〔제7조의12〕 소위원회 ······································ 53
〔제7조의13〕 사무처 ········································ 53
〔제7조의14〕 운영 등 ······································· 53
〔제8조의2〕 개인정보 침해요인 평가 ······························· 58
〔제9조〕 기본계획 ········································· 60
〔제10조〕 시행계획 ········································ 62
〔제11조〕 자료제출 요구 등 ···································· 63
〔제12조〕 개인정보 보호지침 ··································· 66
〔제13조〕 자율규제의 촉진 및 지원 ······························· 68
〔제14조〕 국제협력 ········································ 76

제3장 개인정보의 처리

제1절 개인정보의 수집, 이용, 제공 등

〔제15조〕 개인정보의 수집·이용 ································· 79
〔제16조〕 개인정보의 수집 제한 ································ 102
〔제17조〕 개인정보의 제공 ··································· 105
〔제18조〕 개인정보의 목적 외 이용·제공 제한 ························· 117
〔제19조〕 개인정보를 제공받은 자의 이용·제공 제한 ····················· 131
〔제20조〕 정보주체 이외로부터 수집한 개인정보의 수집 출처 등 고지 ············ 133
〔제21조〕 개인정보의 파기 ··································· 137
〔제22조〕 동의를 받는 방법 ··································· 144

제2절 개인정보의 처리 제한

〔제23조〕 민감정보의 처리 제한 ································ 157
〔제24조〕 고유식별정보의 처리 제한 ······························ 165
〔제24조의2〕 주민등록번호 처리의 제한 ···························· 170
〔제25조〕 영상정보처리기기의 설치·운영 제한 ························· 174
〔제26조〕 업무위탁에 따른 개인정보의 처리 제한 ······················· 203
〔제27조〕 영업양도 등에 따른 개인정보의 이전 제한 ····················· 213
〔제28조〕 개인정보취급자에 대한 감독 ····························· 218

제3절 가명정보 처리에 관한 특례

〔제28조의2〕 가명정보의 처리 등 ································ 221
〔제28조의3〕 가명정보의 결합 제한 ······························· 225
〔제28조의4〕 가명정보에 대한 안전조치의무 등 ························ 240
〔제28조의5〕 가명정보 처리 시 금지의무 등 ·························· 243
〔제28조의6〕 가명정보 처리에 대한 과징금 부과 등 ······················ 245
〔제28조의7〕 적용범위 ······································ 248

제4장 개인정보의 안전한 관리

〔제29조〕 안전조치의무 ····································· 253
〔제30조〕 개인정보 처리방침의 수립 및 공개 ························· 272
〔제31조〕 개인정보 보호책임자의 지정 ····························· 279
〔제32조〕 개인정보파일의 등록 및 공개 ···························· 287
〔제32조의2〕 개인정보 보호 인증 ································ 299
〔제33조〕 개인정보 영향평가 ·································· 323
〔제34조〕 개인정보 유출 통지 등 ································ 350
〔제34조의2〕 과징금의 부과 등 ································· 359

제5장 정보주체의 권리 보장

〔제35조〕 개인정보의 열람 ··································· 365
〔제36조〕 개인정보의 정정·삭제 ································· 374
〔제37조〕 개인정보의 처리정지 등 ······························· 380
〔제38조〕 권리행사의 방법 및 절차 등 ····························· 384
〔제39조〕 손해배상책임 ····································· 391
〔제39조의2〕 법정손해배상의 청구 ······························· 398

제6장 정보통신서비스 제공자등의 개인정보 처리 등 특례

  • 개관 ··············································· 405
    〔제39조의3〕 개인정보의 수집·이용 동의 등에 대한 특례 ··················· 414
    〔제39조의4〕 개인정보 유출등의 통지·신고에 대한 특례 ··················· 421
    〔제29조, 제39조의5〕 개인정보의 보호조치에 대한 특례 ··················· 427
    〔제39조의6〕 개인정보의 파기에 대한 특례 ·························· 442
    〔제39조의7〕 이용자의 권리 등에 대한 특례 ·························· 450
    〔제39조의8〕 개인정보 이용내역의 통지 ···························· 453
    〔제39조의9〕 손해배상의 보장 ·································· 456
    〔제39조의10〕 노출된 개인정보의 삭제ㆍ차단 ························· 461
    〔제39조의11〕 국내대리인의 지정 ································ 463
    〔제39조의12〕 국외 이전 개인정보의 보호 ··························· 467
    〔제39조의13〕 상호주의 ····································· 471
    〔제39조의14〕 방송사업자등에 대한 특례 ··························· 472
    〔제39조의15〕 과징금의 부과 등에 대한 특례 ························· 473

제7장 개인정보 분쟁조정위원회

〔제40조〕 설치 및 구성 ····································· 485
〔제41조〕 위원의 신분보장 ··································· 490
〔제42조〕 위원의 제척·기피·회피 ································ 490
〔제43조〕 조정의 신청 등 ···································· 492
〔제44조〕 처리기간 ········································ 492
〔제45조〕 자료의 요청 등 ···································· 492
〔제46조〕 조정 전 합의 권고 ·································· 492
〔제47조〕 분쟁의 조정 ······································ 492
〔제48조〕 조정의 거부 및 중지 ································· 492
〔제49조〕 집단분쟁조정 ····································· 497
〔제50조〕 조정절차 등 ······································ 504

제8장 개인정보 단체소송

〔제51조〕 단체소송의 대상 등 ·································· 509
〔제52조〕 전속관할 ········································ 509
〔제53조〕 소송대리인의 선임 ·································· 509
〔제54조〕 소송허가신청 ····································· 514
〔제55조〕 소송허가요건 등 ··································· 514
〔제56조〕 확정판결의 효력 ··································· 517
〔제57조〕 「민사소송법」의 적용 등 ······························· 518

제9장 보칙

〔제58조〕 적용의 일부 제외 ··································· 523
〔제58조의2〕 적용제외 ······································ 531
〔제59조〕 금지행위 ········································ 532
〔제60조〕 비밀유지 등 ······································ 538
〔제61조〕 의견제시 및 개선권고 ································ 541
〔제62조〕 침해사실의 신고 등 ·································· 544
〔제63조〕 자료제출 요구 및 검사 ································ 546
〔제64조〕 시정조치 등 ······································ 553
〔제65조〕 고발 및 징계권고 ··································· 553
〔제66조〕 결과의 공표 ······································ 556
〔제67조〕 연차보고 ········································ 559
〔제68조〕 권한의 위임·위탁 ··································· 560
〔제69조〕 벌칙 적용 시의 공무원 의제 ····························· 562

제10장 벌칙

〔제70조~제73조〕 벌칙 ····································· 565
〔제74조〕 양벌규정 ········································ 569
〔제74조의2〕 몰수·추징 등 ··································· 571
〔제75조〕 과태료 ········································· 572
〔제76조〕 과태료에 관한 규정 적용의 특례 ·························· 582

 

개인정보 보호법 해설서(안)을 첨부와 같이 사전공개안 입니다. 개인정보보호위원회 공지사항에서 링크하였습니다.

https://www.pipc.go.kr/np/cop/bbs/selectBoardArticle.do?bbsId=BS061&mCode=C010010000&nttId=6857#LINK

 

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