개인정보 보호 법령 및 지침·고시 해설서, 2020.12, 개인정보보호위원회

2020 개인정보 보호 법령 및 지침·고시 해설서(2020-12, 개인정보보호위원회)입니다.

내용

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 등
〔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 ················································································································553
〔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

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