[행정자치부] 개인정보보호 법령 및 지침, 고시 해설 201612

 

문서받기:

개인정보_보호법_해설서.pdf

 

 

제1장 총칙
〔제1조〕 목적 ····································································································································3
〔제2조〕 정의 ····································································································································7
〔제3조〕 개인정보보호 원칙 ··········································································································27
〔제4조〕 정보주체의 권리 ··············································································································30
〔제5조〕 국가 등의 책무 ···············································································································34
〔제6조〕 다른 법률과의 관계 ········································································································35
제2장 개인정보보호정책의 수립 등
〔제7조〕 개인정보 보호위원회 ·····································································································41
〔제8조〕 보호위원회의 기능 등 ···································································································46
〔제8조의2〕 개인정보 침해요인 평가 ····························································································49
〔제9조〕 기본계획 ························································································································51
〔제10조〕 시행계획 ······················································································································53
〔제11조〕 자료제출 요구 등 ········································································································54
〔제12조〕 개인정보보호지침 ··········································································································57
〔제13조〕 자율규제의 촉진 및 지원 ·····························································································60
〔제14조〕 국제협력 ························································································································64
제3장 개인정보의 처리
제1절 개인정보의 수집, 이용, 제공 등
〔제15조〕 개인정보의 수집·이용 ···································································································69
〔제16조〕 개인정보의 수집 제한 ···································································································86
〔제17조〕 개인정보의 제공 ············································································································90
〔제18조〕 개인정보의 목적 외 이용·제공 제한 ·········································································100
〔제19조〕 개인정보를 제공받은 자의 이용·제공 제한 ·······························································114
〔제20조〕 정보주체 이외로부터 수집한 개인정보의 수집출처 등 고지 ····································116
〔제21조〕 개인정보의 파기 ·········································································································120
〔제22조〕 동의를 받는 방법 ·······································································································127

제2절 개인정보의 처리 제한
〔제23조〕 민감정보의 처리 제한 ································································································137
〔제24조〕 고유식별정보의 처리 제한 ·························································································144
〔제24조의2〕 주민등록번호 처리의 제한 ····················································································148
〔제25조〕 영상정보처리기기의 설치·운영 제한 ··········································································152
〔제26조〕 업무위탁에 따른 개인정보의 처리 제한 ····································································179
〔제27조〕 영업양도 등에 따른 개인정보의 이전 제한 ······························································190
〔제28조〕 개인정보취급자에 대한 감독 ······················································································195
제4장 개인정보의 안전한 관리
〔제29조〕 안전조치의무 ···············································································································201
〔제30조〕 개인정보 처리방침의 수립 및 공개 ···········································································218
〔제31조〕 개인정보 보호책임자의 지정 ····················································································225
〔제32조〕 개인정보파일의 등록 및 공개 ····················································································232
〔제32조의2〕 개인정보보호 인증 ································································································245
〔제33조〕 개인정보 영향평가 ······································································································262
〔제34조〕 개인정보 유출 통지 등 ····························································································289
〔제34조의2〕 과징금의 부과 등 ································································································297
제5장 정보주체의 권리 보장
〔제35조〕 개인정보의 열람 ·········································································································303
〔제36조〕 개인정보의 정정·삭제 ·································································································311
〔제37조〕 개인정보의 처리정지 등 ·····························································································316
〔제38조〕 권리행사의 방법 및 절차 등 ·····················································································320
〔제39조〕 손해배상책임 ···············································································································327
〔제39조의2〕 법정손해배상의 청구 ·····························································································334
제6장 개인정보 분쟁조정위원회
〔제40조〕 개인정보 분쟁조정위원회의 설치 및 구성 등 ···························································341
〔제41조, 제42조〕 위원의 신분보장 등 ·····················································································346
〔제43조~제48조〕 분쟁조정의 신청 및 효력 등 ········································································348

제49조〕 집단분쟁조정 ···············································································································353
〔제50조〕 조정절차 등 ················································································································358
제7장 개인정보 단체소송
〔제51조~제53조〕 개인정보 단체소송의 대상, 관할 ··································································363
〔제54조, 제55조〕 소송허가신청 및 허가요건 등 ·····································································367
〔제56조〕 확정판결의 효력 ·········································································································370
〔제57조〕 민사소송법의 적용 등 ································································································371
제8장 보칙
〔제58조〕 적용의 일부 제외 ·······································································································377
〔제59조〕 금지행위 ······················································································································384
〔제60조〕 비밀유지 등 ················································································································387
〔제61조〕 의견제시 및 개선권고 ································································································390
〔제62조〕 침해사실의 신고 등 ····································································································392
〔제63조〕 자료제출 요구 및 검사 ······························································································394
〔제64조~제66조〕 시정조치, 고발 및 징계권고 등 ···································································399
〔제67조〕 연차보고 ······················································································································405
〔제68조〕 권한의 위임·위탁 ········································································································406
〔제69조〕 벌칙 적용 시의 공무원 의제 ·····················································································408
제9장 벌칙
〔제70조~제73조〕 벌칙 ···············································································································411
〔제74조〕 양벌규정 ······················································································································415
〔제74조의2〕 몰수·추징 등 ·········································································································417
〔제75조〕 과태료 ·························································································································418
〔제76조〕 과태료에 관한 규정 적용의 특례 ··············································································425
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