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Recommendation on Unmanned Surveillance Devices, such as CCTVs, by Public Agencies [2004] KRNHRC 16 (1 January 2004)

In December 2002, the Gangnam-gu district office and Gangnam-gu police station, Seoul,
installed five CCTVs to prevent crime in the Nonhyeon-dong area as a model case. Since
then, the Commission has closely examined the case to determine if there is a possibility
of violation of human rights to privacy by unmanned surveillance devices. The Commission
deeply studied the issue of human rights violations by these unmanned surveillance devices
and measures to improve the situation, and it held public hearings on this subject.
At present, 230 CCTVs are in use in Gangnam-gu area on the pretext of efficient crime
prevention and investigation. As the performance of the CCTVs is gradually improving,
they increasingly violate the right of privacy of those who are photographed and right to
self-determination over personnel information. The surveillance system is highly likely to
infringe on the privacy of residents in the neighborhood of the area where CCTVs are
installed. Notwithstanding, the use of CCTVs is at the discretion of the heads of local
governments or chiefs of police stations, rather than by law. It is against the principles of
due process and basic rights stipulated by the Constitution.

The Commission made recommendations to the National Assembly and Ministry of
Government Administration and Home Affairs that either (1) a new act be legislated setting
forth standards for use of unmanned surveillance devices such as the CCTVs that are now
being used by local governments and police stations to prevent and investigate crime, or (2)
the Act on the Protection of Personal Information Maintained by Public Agencies be
revised in order to set forth legal standards for use of unmanned surveillance devices such
as CCTVs.