The purpose of this Decree is to prescribe the specific scope and processing standards of information for preventing and responding to threats to public peace and security that police officers can collect, compile, and distribute pursuant to Article 8-2 of the Act on the Performance of Duties by Police Officers, as well as procedures and limits for verifying facts entailed in the collection, compilation, and distribution of such information.
| Article 2 (Basic Principles of Information Activities) |
| (1) | Activities performed by police officers to collect, compile, and distribute information for the prevention of and in response to threats to public peace and security and to verify facts entailed therein (hereinafter referred to as "information activities") shall be aimed at protecting people's freedom and rights and shall be limited to the minimum extent necessary. |
| (2) | With respect to information activities, police officers shall not engage in any of the following acts: |
| 1. | Collecting, compiling, and distributing information to engage in politics; |
| 2. | Collecting, compiling, and distributing information on the personal lives of individuals in order to identify their whereabouts and activities, etc. outside the scope of the duties under the statutes or regulations; |
| 3. | Forcing the submission of data or expression of opinion against the other party's express intention; |
| 4. | Conveying unreasonable civil petitions or requests to persons related to their duties; |
| 5. | Divulging information learned in the course of duty or using it for personal gain; |
| 6. | Using an unofficial title unrelated to their duties. |
| (3) | The Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard shall establish and implement measures to strengthen on-site inspections and education so that information activities can be conducted legally. |
| Article 3 (Specific Scope of Information to Be Collected) |
| 1. | Information necessary for crime prevention and response; |
| 3. | Information necessary for the safety of key national facilities and for the protection of key figures; |
| 4. | Information necessary for activities for national security, such as counter-espionage and counter-terrorism; |
| 5. | Information for securing public safety from disasters, safety accidents, etc.; |
| 6. | Information necessary for maintaining order and safety amid public conflicts and large gatherings resulting from assemblies, demonstrations, etc.; |
| 7. | Information on policies for protecting people's lives, bodies, and property and for preventing and responding to threats to public peace and security (limited to information on objective and necessary matters for the formulation, execution, and evaluation of the relevant policy; and excluding information on personal life or creeds that are not directly and specifically related thereto); |
| 8. | Information for preventing and eliminating road traffic hazards and ensuring smooth traffic; |
| 9. | Information for the background checks entrusted to the Commissioner General of the Korean National Police Agency under Article 45 (1) of the Security Work Regulations or for the verification of facts requested by the head of a public institution under subparagraph 3 of Article 2 of the Official Information Disclosure Act; |
| 10. | Other information equivalent to the matters stipulated in subparagraphs 1 through 9. |
| Article 4 (Procedures for Collecting Information and Verifying Facts) |
| (1) | When intending to collect information or verify facts entailed in the collection, compilation, and distribution of information under Article 8-2 (1) of the Act, a police officer shall disclose his or her identity to the other party and explain the purpose of collecting the information or verifying the facts. In such cases, no coercive method shall be used. |
| (2) | Notwithstanding the former part of paragraph (1), the procedures stipulated in the former part of the same paragraph may be omitted in any of the following cases: |
| 1. | Where there is a risk of imminent danger to the safety of citizens' lives and bodies or national security; |
| 2. | Where there is a risk of noticeable impediment to information activities in response to crime. |
| (3) | Police officers shall take necessary measures, such as maintaining confidentiality, so that those who have provided information or confirmed facts do not suffer disadvantages in terms of their status or treatment. |
| Article 5 (Access Limits for Collecting Information) |
Police officers shall not enter the following places freely, but may be granted temporary access only when necessary for information activities:
| 1. | Private organizations such as media, education, religious, and civil society organizations; |
| 3. | Political parties' offices. |
| Article 6 (Compilation of Information) |
When compiling the collected information, police officers shall be neutral based on objective facts and shall not distort the content for a specific purpose, such as engaging in politics.
| Article 7 (Processing of Collected and Compiled Information) |
| (1) | Police officers shall not use the collected or compiled information for any purpose other than the intended purpose. |
| (2) | If necessary for preventing or responding to threats to public peace and security, police officers may notify relevant agencies, etc. of the information they have collected and compiled. |
| (3) | When the collected or compiled information becomes unnecessary after its purpose is achieved, the police officer shall destroy the information without delay: Provided, That this shall not apply to cases where it is required to preserve such information under other statutes or regulations. |
| Article 8 (Prohibition on and Refusal of Illegal Instructions) |
| (1) | No one shall instruct a police officer with regard to information activities, in violation of this Decree and other statutes or regulations. |
| (2) | A police officer may refuse to execute an order if the order is deemed clearly illegal. |
| (3) | Police officers shall not be subject to any disadvantages in terms of personnel issues, duties, etc. because they have rejected clearly illegal instructions. |
Except as provided in this Decree, details necessary for police officers' information activities shall be determined by the Commissioner General of the Korean National Police Agency or the Commissioner General of the Korea Coast Guard.
ADDENDUM <Presidential Decree No. 31555, Mar. 23, 2021>
This Decree shall enter into force on March 23, 2021.