티스토리 뷰
Authoritative Interpretation Questions and Answers Regarding Violation of the Personal Information Protection Act following the disclosure of student grades
터프가이원 2023. 2. 2. 11:54The act of publicly posting students' test scores in school hallways, classrooms, and online (SNS, etc.)
Although it is judged to be a violation of human rights beyond sensitive information, students' test
scores are used for the purpose of improving their academic performance.
Cases of posting publicly are frequently occurring at school sites.
If the above matters are left unattended at the school site, it is judged to be an act of forgetting Article 5
of the Act (Responsibilities of the State, etc.).
As described above, the act of publicly posting students’ test scores is prohibited under Articles 15
(Collection and Use of Personal Information) and 18 (Personal Information
Use outside of purpose • Restriction on provision) and Article 23
(Restriction on Processing of Sensitive Information), so refer to the link at the bottom
We request that the Personal Information Protection Committee, not the Ministry of Education or
the front-line education office, give you a vote.
1. Hello, this is the Personal Information Protection Committee.
You notified us of the results of your review of the sacred complaint
(application number: IAA-2107-0884421) through the People's Sinmungo as follows: give.
2. You inquired about
“whether disclosure of student grades violates the r Personal Information Protection Act”
3. We respond to your inquiries as follows.
According to Article 15, Paragraph 1 of the 「Personal Information Protection Act」,
the personal information manager must comply with the statutory obligations or there are special provisions
in the law.
information in cases where it is unavoidable for public institutions to carry out their duties as prescribed
by laws and regulations, etc.
Personal information can be collected without the consent of the subject and used within the scope
of the purpose of collection. And “personal information
In accordance with Article 17 Paragraph 1 Paragraph 1 Paragraph 1 of Article 17 of the Act on Protection
of Personal Information, the personal information manager obtains the consent of the information subject
or the 「Personal Information Protection Act」
In the case of providing personal information within the scope of the purpose for which personal information
was collected in accordance with Article 15, Paragraph 1, Items 2, 3 and 5 of the Act
may provide the personal information to a third party without the consent of the information subject.
However, in order to use and provide personal information beyond the purpose of collection by the personal
information manager, each of Article 18 (2) of the Personal Information Protection Act
The reason for the favor must be acknowledged.
Regarding the matters you inquired about, if the school posts student grades in the hallway, etc.,
use within the scope of the purpose for which it is collected.
If it is public, it cannot be regarded as violating the
「Personal Information Protection Act」, but it is applicable to use/provision other than the purpose of collection
In this case, it is judged that the consent of the information subject must be obtained unless there are special
provisions in other laws.
For reference, the 「Personal Information Protection Act」 is a general law on the protection of personal
information, and in Article 6, “Other laws regarding the protection of personal information
Unless there are special provisions in the law, the provisions of this law shall be followed.”
Accordingly, regarding the protection of personal information in related laws, such as the Framework Act
on Education and the Act on Special Cases Concerning the Disclosure of Information by Education-elated
Institutions,
If there are special provisions in other laws, the relevant laws and regulations may take precedence over
the r Personal Information Protection Act, and relevant laws and regulations
For more information, please contact the relevant department, the Ministry of Education or the Office
of Education.
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