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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE INSTALLATION AND OPERATION OF IMAGE DATA PROCESSING EQUIPMENT

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE INSTALLATION AND OPERATION OF IMAGE DATA PROCESSING EQUIPMENT

Article 1 (Purpose) The purpose of this Ordinance is to protect rights and freedoms of individuals and to realize the dignity and value of individuals by providing for basic matters necessary for the installation and operation of video processing system in areas under the jurisdiction of the Seoul Metropolitan Government and for the protection of video privacy information pursuant to Article 25 of the Personal Information Protection Act (hereinafter referred to as the "Act").

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. The term "video processing system" means an entire system installed and maintained constantly at a certain place for the purpose of imaging people or things or transmitting such images through a wired or wireless network, which is composed of closed circuit televisions and network cameras;
2. The term "closed circuit television" (hereinafter referred to as "CCTV") means a device that can take images, etc. through a camera installed and maintained constantly at a certain place, a device that can transmit the image data through a wired or wireless closed circuit or any other transmission channel, to a specified place, or a device that can record and store the video information taken or transmitted;
3. The term "network camera" means a device installed and maintained constantly at a certain place, with which the person who has installed and managed the device can collect, store, and process the video information gathered by the device at any place, through a wired or wireless Internet network;
4. The term "video privacy information" means information in the form of images related to privacy, such as the likeness and conduct of an individual, with which the identity of the individual can be distinguished, among the video information gathered and processed by video processing system;
5. The term "operator of video processing system" means a person who installs and operates video processing system under any subparagraph of Article 25 (1) of the Act;
6. The term "open place" means a place without any restriction on an information subject's access or passage, such as a park, road, subway, inside a commercial building, or a parking area;
7. The term "information subject" means a natural person identifiable with certain image data and the subject of the relevant image data;
8. The term "processing" means the collection, creation, recording, storage, possession, processing, editing, reproduction, output, correction, restoration, use, provision, disclosure, destruction, and similar handling of video information by video processing system.

Article 3 (Scope of Application) This Ordinance shall apply to video processing system installed and operated at open places under the jurisdiction of the Seoul Metropolitan Government under Article 25 (1) of the Act and the video privacy information processed with such system.

Article 4 (Principles for Protection of Video Privacy Information) (1) The purpose of processing video privacy information shall be clear, and video privacy information shall be collected only to the minimum extent necessary for the authorized purpose, by lawful and legitimate means.
(2) Video privacy information shall be processed properly to the minimum extent necessary for the authorized purpose by appropriate means, and shall not be used for other than the authorized purpose.
(3) Video privacy information shall be managed safely, keeping in mind the possibility that any right of the information subject might be violated and the decree of such risk according to the processing method.
(4) The policy on the operation and management of video processing system and other matters concerning the processing of video privacy information shall be disclosed to the public; and an information subject's right to request the permission to peruse his/her video privacy information and other rights shall be guaranteed.
(5) Video privacy information shall be processed so as to minimize the invasion of privacy of an information subject.
(6) Recording access to video privacy information and recording manipulation in the handling of video processing system shall be kept and managed safely and shall be inspected regularly. <Newly Inserted by Ordinance No. 6330, Sep. 29, 2016>
(7) Internal control system for managing video information shall be constructed to prevent the misuse and abuse of video privacy information; and arbitrary manipulation in the handling of video processing ystem. <Newly Inserted by Ordinance No. 6330, Sep. 29, 2016>

Article 5 (Responsibilities) (1) The Mayor of Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall take measures for preventing damage caused by the collection of video privacy information for any unauthorized purpose; the misuse and abuse of video privacy information; indiscreet surveillance and tracking, etc.; and shall promote the protection of human dignity and the privacy of individuals.
(2) Each operator of video processing system under the jurisdiction of the Seoul Metropolitan Government shall install and operate video processing system in accordance with the principles for the protection of video privacy information, so as to prevent the invasion of individuals' privacy.

Article 6 (Plans for Management of Video Processing System) (1) The Mayor shall formulate a plan for the management of video processing system under the jurisdiction of the Seoul Metropolitan Government (hereinafter referred to as "management plan") so as to ensure the protection of video privacy information.
(2) The management plan shall include any of the following:
1. Direction-setting for the management of video processing system under the jurisdiction of the Seoul Metropolitan Government;
2. A scheme to prevent unlawful access to video privacy information by video processing system;
3. The establishment of a public-private cooperation system for the management of video processing system;
4. Education and publicity for the protection of video privacy information;
5. Other matters necessary for the protection of video privacy information.
(3) In order to formulate management plans, the Mayor may inspect actual conditions of video processing system under the jurisdiction of the Seoul Metropolitan Government; and operators of video processing system under the jurisdiction of the Seoul Metropolitan Government may cooperate with the Mayor by providing data necessary for the inspection of actual conditions.

Article 7 (Education, etc.) (1) The Mayor may conduct educational programs for operators of video processing system under the jurisdiction of the Seoul Metropolitan Government with regard to the rules, etc. with which they shall comply so as to ensure that video processing system is installed and operated in accordance with the principles for the protection of video privacy information.
(2) The Mayor may conduct educational programs and campaigns in order to prevent the invasion of individuals' privacy by video processing system and to enhance citizens' awareness of the protection of video privacy information.

Article 8 (Orders for Correction, etc.) (1) The Mayor may establish the standards and rules concerning the installation and operation of video processing system by the Seoul Metropolitan Government and its affiliated agencies by rule and may issue an order for correction with regard to a violation of such rule.
(2) If any video processing system installed and operated in an area under the jurisdiction of the Seoul Metropolitan Government violates Article 25 of the Act, the Mayor may inform the operator of the violation and may recommend the operator to take corrective measures.

Article 9 (Establishment of Cooperative System) In order to manage video processing system under the jurisdiction of the Seoul Metropolitan Government efficiently, the Mayor may implement the management plan jointly with the heads of autonomous Gus, private operators of video processing system, and others, or may cooperate therewith.