정보환경이 급속도로 변화해 가고 정보의 전파속도 또한 갈수록 빨라지고 있다. 여기서, 현재 국내의 개인정보침해로 인한 개인정보분쟁은 계속하여 증가하고 있다. 개인정보분쟁의 증가는 이를 신속하게 해결할 것을 요구하게 된다. 하여 재판이란 사법절차를 통한 개인정보분쟁의 해결은 시간과 비용이 소요되는 문제로 간결한 해결방법을 강구하게 한다.
세계는 미디어 강국을 넘어 빅데이터로 인한 정보 유출은 개인정보침해의 국내외 심각한 문제가 되고 있어 이러한 문제를 개선하고 해결 방안을 마련하고자 함이다.

목 차
저자서문
제1장 서 론 ··············································································1
제1절 연구의 목적·········································································1
Ⅰ. 개인정보보호 관점 ·····································································6
Ⅱ. 개인정보침해의 분쟁 해결적 관점 ························································8
Ⅲ. 개인정보침해에 따른 보호구제적 관점 ···················································10
제2절 연구의 범위 및 방법 ·································································11
Ⅰ. 연구범위 ·············································································12
Ⅱ. 연구방법 ·············································································16
1. 문헌조사 ··············································································17
2. 웹사이트 조사 ·········································································17
3. 위원회 접수후 진행과정 조사 ····························································18
제2장 개인정보분쟁조정 제도의 개관 ·······················································21
제1절 개인정보보호의 의의와 내용 ·························································21
Ⅰ. 개인정보의 의의 ······································································21
1. 개인정보의 개념 ·······································································21
가. 개인정보의 일반적 의미 ································································21
나. 개인정보의 법적 정의 ··································································22
(1) 개인정보 보호법상의 개인정보 ··························································22
(2) 다른 법률상의 개인정보 ································································24(3) 정부(3) 정부의 견해 ·················································································27
Ⅱ. 개인정보의 내용 ······································································28
1. 개인정보의 범위 ·······································································28
가. 개인정보 운영상 처리의 관점 ···························································32
나. 기본적 인권보장의 관점 ································································32
다. 개인정보 처리자의 관점 ································································33
2. 개인정보의 법적 근거 ···································································34
가. 「개인정보보호법」상의 개인정보 ·························································35
나. 「정보통신망 이용촉진 및 정보보호 등에 관한 법률」
상의 개인정보 ············································································37
다. 특별법에 따른 기타 개인정보 ····························································39
(1) 「위치정보의 보호 및 이용 등에 관한 법률」
상의 개인정보 ············································································39
(2) 「신용정보의 이용 및 보호에 관한 법률」 상의 개인정보 ·····································41
(3) 「개인정보공공기관의 개인정보보호에 관한 법률」
상의 개인정보 ············································································43
(4) 「전자서명법에 관한 법률」 상의 개인정보 ·················································43
제2절 분쟁해결제도와 개인정보분쟁조정제도의 내용 ··········································43
Ⅰ. 분쟁해결제도의 의의와 유형 ····························································43
1. 분쟁해결제도의 의의 ···································································45
2. 분쟁해결제도의 유형 ···································································46
가. 유형··················································································46나. 국내 나. 국내 주요 분쟁 ADR모델 ································································47
(1) 협상(協商) Negotiation ·······························································48
(2) 화해(妥協) compromise ······························································49
(3) 조정(調停) Mediation ································································51
(4) 알선(斡旋) Facilitation or Conciliation ·················································59
(5) 중재(仲裁) Arbitration ································································61
Ⅱ. 개인정보분쟁조정제도의 의의와 내용 ·····················································65
1. 개인정보분쟁조정제도의 의의 ····························································65
2. 개인정보분쟁조정제도의 헌법적 근거 ·····················································69
가. 개인정보자기결정권의 등장 ·····························································70
나. 헌법상 개인정보자기결정권 ·····························································72
(1) 헌법 제10조 개인정보자기결정권의 헌법적 근거 ··········································73
(2) 헌법 제17조 개인정보자기결정권의 헌법적 근거 ··········································75
(3) 헌법 제18조 개인정보자기결정권의 헌법적 근거 ··········································78
(4) 헌법 제27조, 37조 2항 국가의 기본권보장으로서
개인정보자기결정권의 헌법적 근거 ··························································79
3. 개인정보피해구제제도로서 조정내용 ······················································81
가. 분쟁조정제도 ··········································································84
나. 기능 및 권한 ···········································································86
다. 분쟁조정의 범위 ·······································································87
라. 조정신청 자격 ·········································································88
마. 분쟁조정의 효력 ·······································································88바. 분쟁조정 절차 ····················································································89
(1) 분쟁조정 신청접수 및 사실조사 ··················································89
(2) 조정전 합의권고 ··········································································89
(3) 조정결정 ····························································································89
(4) 조정의 종결 ······················································································90
사. 개인정보분쟁조정위원회 분쟁조정에 관한 규정 ························90
제3장 개인정보분쟁조정의 현황과 외국제도 ················································93
제1절 개인정보분쟁조정의 현황 ······································································93
Ⅰ. 국내 개인정보분쟁조정 현황 (2002∼2021년 사례) ·······················93
1. 2002년 개인정보분쟁조정 현황 ························································93
가. 개인정보분쟁조정 접수 현황 ··························································93
나. 개인정보분쟁조정 결정 현황 ······················································93
2. 2003년 개인정보분쟁조정 현황 ························································94
가. 개인정보분쟁조정 접수 현황 ··························································94
나. 개인정보분쟁조정 결정 현황 ··························································95
3. 2004년 개인정보분쟁조정 현황 ··························································98
가. 개인정보분쟁조정 접수 현황 ··························································98
나. 개인정보분쟁조정 결정 현황 ························································100
4. 2005년 개인정보분쟁조정 현황 ·······················································100
가. 개인정보분쟁조정 접수 현황 ························································101
나. 개인정보분쟁조정 결정 현황 ························································102
5. 2006년 개인정보분쟁조정 현황 ·······················································103가. 개인정보분쟁조정 접수 현황 ························································103
나. 개인정보분쟁조정 결정 현황 ························································105
6. 2007년 개인정보분쟁조정 현황 ·······················································107
가. 개인정보분쟁조정 접수 현황 ························································107
나. 개인정보분쟁조정 결정 현황 ························································107
7. 2008년 개인정보분쟁조정 현황 ·······················································109
가. 개인정보분쟁조정 접수 현황 ························································109
나. 개인정보분쟁조정 결정 현황 ························································113
8. 2009년 개인정보분쟁조정 현황 ·······················································114
가. 개인정보분쟁조정 접수 현황 ························································114
나. 개인정보분쟁조정 결정 현황 ························································117
9. 2010년 개인정보분쟁조정 현황 ·······················································119
가. 개인정보분쟁조정 접수 현황 ························································119
나. 개인정보분쟁조정 결정 현황 ························································122
10. 2011년 개인정보분쟁조정 현황 ·····················································125
가. 개인정보분쟁조정 접수 현황 ························································125
나. 개인정보분쟁조정 결정 현황 ························································130
11. 2012년 개인정보분쟁조정 현황 ·····················································134
가. 개인정보분쟁조정 접수 현황 ························································134
나. 개인정보분쟁조정 결정 현황 ························································136
12. 2013년 개인정보분쟁조정 현황 ·····················································139
가. 개인정보분쟁조정 접수 현황 ························································139나. 개인정보분쟁조정 결정 현황 ························································141
13. 2014년 개인정보분쟁조정 현황 ·····················································145
가. 개인정보분쟁조정 접수 현황 ························································145
나. 개인정보분쟁조정 결정 현황 ························································148
14. 2015년 개인정보분쟁조정 현황 ·····················································152
가. 개인정보분쟁조정 접수 현황 ························································152
나. 개인정보분쟁조정 결정 현황 ························································155
15. 2016년 개인정보분쟁조정 현황 ·····················································158
가. 개인정보분쟁조정 접수 현황 ························································158
나. 개인정보분쟁조정 결정 현황 ························································159
16. 2017년 개인정보분쟁조정 현황 ·····················································159
가. 개인정보분쟁조정 접수 현황 ························································159
나. 개인정보분쟁조정 결정 현황 ························································160
17. 2018년 개인정보분쟁조정 현황 ·····················································162
가. 개인정보분쟁조정 접수 현황 ························································162
나. 개인정보분쟁조정 결정 현황 ························································163
18. 2019년 개인정보분쟁조정 현황 ·····················································165
가. 개인정보분쟁조정 접수 현황 ························································165
나. 개인정보분쟁조정 결정 현황 ························································166
19. 2020년 개인정보분쟁조정 현황 ·····················································168
가. 개인정보분쟁조정 접수 현황 ························································168
나. 개인정보분쟁조정 결정 현황 ························································16920. 2021년 개인정보분쟁조정 현황 ·····················································168
가. 개인정보분쟁조정 접수 현황 ························································168
나. 개인정보분쟁조정 결정 현황 ························································169
Ⅱ. 개인분쟁위원회의 조정결정(2002?2021) 통계 처리현황 ·······171
<표1> 2002 ? 2021년 분쟁조정위워회 사건 처리현황 ·····················171
1. 개인정보분쟁조정제도의 장점 ··························································174
가. 장점 ····································································································175
나. 기타 ····································································································179
2. 개인정보분쟁조정제도의 단점 ······························································181
제2절 외국 개인정보분쟁조정의 절차 ··························································182
Ⅰ. 국제규범 ················································································182
1. 국제 개인정보분쟁조정 해결 감독기구 ·······················································186
가. Global Privacy Assembly(GPA) : 글로벌 개인정보 감독기구 협의체 ··························186
나. Asia Pacific Privacy Authorities(APPA): 아·태평양지역 개인정보 감독기구 협의체 ············187
다. General Data Protection Regulation(GDPR) : EU 일반 개인정보보호법 ····················191
라. Council of Europe Convention 108(CoE Convention 108): 개인정보보호 국제협약 ·········201
Ⅱ. 외국 개인정보분쟁조정제도 ·······························································202
1. 미국 전담 개인정보보호기구 ·······························································202
가. 연방거래위원회의 설립 및 구성 ····························································203
나. 연방거래위원회의 개인정보보호 기능 및 역할 ················································205
(1) 미국제도 및 절차 ········································································207
(2) FTC의 개인정보피해구제 절차 및 방법 ····················································214
(3) 영역별 개인정보 보호법 ·································································218
2. 유럽연합(독일, 프랑스, 영국) 조정기구 ····················································222
가. 독일의 개인정보보호기구 ································································222
(1) 연방정보보호청의 지위 및 특징 ··························································223
(2) 연방정보보호청의 조정구성 ·····························································224
(3) 연방정보보호청의 주요기능 ·····························································225
(4) 연방정보보호청의 피해절차 및 방법 ······················································226
(5) 지능 정보기술 관련 연방정책의 자문위원회 ················································230
나. 프랑스의 개인정보보호 조정기구 ··························································231
(1) 국가정보자유위원회(CNIL) ······························································231
(2) 정보자유위원회(CNIL)의 지위 및 특징 ····················································234
(3) 정보자유위원회(CNIL)의 조직구성 ·······················································236
(4) 정보자유위원회(CNIL)의 주요기능 ·······················································237
(5) 정보기술 법제 · 정책 ····································································240
다. 영국의 커미셔너는 개인정보보호 전담 조정기구 ··············································241
(1) 개요 ···················································································243
(2) 조직 구성 및 운영 ········································································244
(3) 주요 기능 및 권한 ········································································2463. 일본의 개인정보보호기구 ····································································248
가. 개인정보보호기구 및 피해구제제도 ························································254
나. 정부차원의 개인정보피해구제 ·····························································255
다. 민간차원의 개인정보피해구제 ·····························································256
제4장 개인정보분쟁조정제도의 문제점과 개선방안 ··············································260
제1절 개인정보분쟁제도의 법적 문제점 ························································261
Ⅰ. 헌법 제37조 제2항의 침해금지 법적 문제점 ·················································261
1. 법률 제한에 따른 문제점 ···································································262
2. 과잉금지의 원칙에 따른 문제점 ·····························································262
3. 개인정보보호법제의 문제점 ································································264
Ⅱ. 개정에 따른 제도적 개선방안 ······························································267
1. 개인정보의 수집ㆍ이용 법안의 문제점 ·······················································269
2. 이동형 영상정보처리기기 운영 기준 마련 법안의 문제점 ·······································270
3. 가명정보 처리 특례 정비 법안의 문제점 ·····················································274
4. 개인정보 처리방침의 심사 및 심사청구 제도 필요성 ···········································278
5. 개인정보 보호책임자 관한 법적 보안의 필요성 ················································280
6. 개인정보 전송요구권 및 개인정보관리 전문기관 ···············································282
7. 자동화된 의사결정에 대한 정보주체의 권리 도입 ··············································288
8. 제58조의 전면 개정 및 일부 적용의 제외 규정에 따른 문제점····································292
가. 제58조 개정에 따른 문제점 ································································292
나. 제58조 제1항 수정에 따른 문제점 ··························································293
다. 제58조의 전면적인 개정의 필요성 ··························································294
9. 개인정보 분쟁조정제도의 실질적 운영화에 따른 개선책 ········································294
10. 보호위원회의 집행권한 강화 ······························································296
11. 형벌 중심의 제재를 경제벌 중심으로 전환 ···················································298
제2절 운영상 개선방안 ·······································································301
Ⅰ. 운영상 문제점 ···········································································301
1. 개인정보보호위원회의 비상임 운영형태에 따른 문제점 ·········································301
2. 비상임위원의 독립성, 중립성, 전문성에 대한 문제점 ···········································303
Ⅱ. 운영상 개선방안 ·········································································307
1. 개인정보보호 주요 감독기관의 심의처리 문제점 ··············································308
2. 보호법 상의 집행·감독권 운영체계의 문제점 ·················································310
3. 개인정보보호기구의 문제점 ·······························································313
4. 소견 ········다. 제58조의 전면적인 개정의 필요성 ··········································294
9. 개인정보 분쟁조정제도의 실질적 운영화에 따른 개선책 ········································294
10. 보호위원회의 집행권한 강화 ······························································296
11. 형벌 중심의 제재를 경제벌 중심으로 전환 ··················································298
제2절 운영상 개선방안 ······································································301
Ⅰ. 운영상 문제점 ···········································································301
1. 개인정보보호위원회의 비상임 운영형태에 따른 문제점 ········································301
2. 비상임위원의 독립성, 중립성, 전문성에 대한 문제점 ··········································303
Ⅱ. 운영상 개선방안 ·········································································307
1. 개인정보보호 주요 감독기관의 심의처리 문제점 ··············································308
2. 보호법 상의 집행·감독권 운영체계의 문제점 ·················································310
3. 개인정보보호기구의 문제점 ································································313
4. 소견 ·····················································································318
제5장 결 론 ·················································································325