Submitted an Opposition to the National Assembly: Amendment to the Protection of Communication Secrets Act (by Parliamentary Member Cheong-rae Jung, Bill No. 2204138)

On November 13, 2024, OpenNet, a non-profit organization, submitted an opposition opinion to the National Assembly regarding a proposed amendment to the Communication Privacy Protection Act (Bill No. 2204138, proposed by Rep. Jung Cheong-rae).

The amendment aims to expand the scope of crimes subject to wiretapping to include offenses broadly defined under the “Act on Special Cases Concerning the Punishment of Sexual Crimes” and the “Act on the Protection of Children and Youth Against Sexual Offenses.”

Open Net argues that wiretapping is an investigative method that directly and severely infringes on constitutional rights, including privacy and freedom of communication. Internet wiretapping, in particular, inevitably leads to broad and indiscriminate intrusions into personal lives, impacting individuals unrelated to criminal activities. Therefore, any expansion of crimes subject to wiretapping must be carefully considered.

The proposed amendment, which indiscriminately designates all crimes under the specified laws as subject to wiretapping, poses significant risks to the privacy and communication freedoms of many citizens. The potential public benefits are unclear, and the proposal may violate constitutional principles such as the prohibition of excessive measures and the principle of proportionality. Open Net has called for the amendment to be reconsidered.

Korean version text