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Opinions on Protection of Personal Information of Children [2004] KRNHRC 44 (7 September 2004)

In 2003, the Commission clarified its basic position on human rights relating to student
information in the National Education Information System (NEIS). In 2004, the Commission
expressed its opinions on three bills on amendments including the bill on amendment to the
Missing Children Relocation Act and the bill on amendment to the `Framework Act on Education'.
The main point of the bill on amendment to the Missing Children Relocation Act,
prepared by the Ministry of Health and Welfare is to conduct DNA testing to discover
missing children and confirm identity. The Commission found that the bill was insufficient
to protect the privacy of personal information of children because the bill defined the scope
of children to be DNA tested too broadly. The definition includes most children transferred
to child welfare facilities, such as those who have no guardians, among those
accommodated at social welfare facilities and adopted children who want to be DNA tested.
However, matters concerning management of DNA test results, protection of genetic
information, and operation of a DNA database are subject to Presidential decree.

The Commission presented opinions that the scope of children to be DNA tested should
be minimized, and matters on management of DNA test results, protection of genetic
information, and construction of a DNA database should be provided for in the law in detail.
On September 7, 2004, the Ministry of Education and Human Resources Development
prepared a bill on the amendment to Framework Act on Education, Elementary and
Secondary Education Act and School Health Act in order to reinforce the legal grounds for
construction and operation of the NEIS and to protect the information of students.
The Commission had already expressed opinions to the effect that students' personal
information could be needlessly accumulated, leaked, and used by entities other than
schools, and it recommended that construction of an integrated and comprehensive
information system for
(1) school affairs relating to admissions and transfers,
(2) admissions and transfers, and
(3) student health

The bill on amendment to the Elementary and Secondary Education Act and School
Health Act may possibly stipulate that construction and operation of the NEIS are the
responsibility of the Minister of Education and Human Resources Development and
superintendent of education of a city or province concerned, while preparation and
management of information thereof are the responsibility of the principal of the school
concerned. In this case, if the `operation' of the NEIS as stipulated in the bill is interpreted
very broadly, free access to information in the NEIS may be granted freely. Recognizing
this, the Commission expressed opinions that the bill should stipulate matters concerning
the responsibilities of the principal for information on students and prohibit the leakage of
information specifically, and reinforce provisions to protect the rights of students whose
information is in NEIS in compliance with the recommendation issued by the Commission.