The Legal Justice of Conferring Criminal Negligence on Chief Privacy Officers(CPO)

논문투고일：2011년 05월 21일 논문수정완료일：2011년 08월 21일 논문게재확정일：2011년 09월 06일* 연세대학교 정보대학원 교수The recently revised “Telecommunications Business Promotion and Personal Data Protection Act” is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals’ personal data and individuals’ rights to privacy. Special characteristics of information security and privacy protection services including public goods’ feature, adaptivene ss, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy offi cers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are an alyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations：i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and mana gerial measures in data protection for exemption from criminal negligence.