Article 76-2 (Request to Provide Information, etc.) |
(1) | If necessary to prevent infectious diseases and block the spread of infection, the Minister of Health and Welfare or the Director of the Korea Centers for Disease Control and Prevention may request the heads of relevant central administrative agencies (including affiliated agencies and responsible administrative agencies thereof), the heads of local governments (including superintendents of education prescribed in Article 18 of the Local Education Autonomy Act), public institutions designated under Article 4 of the Act on the Management of Public Institutions, medical institutions, pharmacies, corporations, organizations, and individuals to provide the following information concerning patients, etc. with infectious diseases and persons likely to be infected by infectious diseases, and persons in receipt of such request shall comply therewith: <Amended by Act No. 14286, Dec. 2, 2016> |
1. | Personal information, such as names, resident registration numbers prescribed in Article 7-2 (1) of the Resident Registration Act, addresses, and telephone numbers (including cell phone numbers); |
2. | Prescriptions prescribed in Article 17 of the Medical Service Act, records of medical treatment prescribed in Article 22 of the same Act, etc.; |
3. | Records of immigration control during the period determined by the Minister of Health and Welfare; |
4. | Other information prescribed by Presidential Decree for monitoring the movement paths of patients with infectious diseases. |
(2) | If necessary to prevent infectious diseases and block the spread of infection, the Minister of Health and Welfare may request the relevant head of the National Police Agency, regional police agency, and police station established under Article 2 of the Police Act (hereafter in this Article, referred to as “police agency”) to provide location information of patients, etc. with an infectious disease and persons likely to be infected by an infectious disease. In such cases, notwithstanding Article 15 of the Act on the Protection, Use, etc. of Location Information and Article 3 of the Protection of Communications Secrets Act, the relevant head of a police agency, upon request by the Minister of Health and Welfare, may request any location information provider defined in Article 5 (7) of the Act on the Protection, Use, etc. of Location Information and any telecommunications business operator defined in subparagraph 8 of Article 2 of the Telecommunications Business Act, to provide location information of patients, etc. with an infectious disease and persons likely to be infected by an infectious disease; and the location information provider and the telecommunications business operator in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended by Act No. 13639, Dec. 29, 2015> |
(3) | The Minister of Health and Welfare may provide information collected pursuant to paragraphs (1) and (2) to the heads of the relevant central administrative agencies, the heads of local governments, the chairperson of the National Health Insurance Corporation, the president of the Health Insurance Review and Assessment Service, and such medical personnel, medical institutions, and other organizations as are performing tasks related to infectious diseases. In such cases, information provided shall be limited to information related to the tasks of the relevant agencies, etc., for preventing infectious diseases and blocking the spread of infection. |
(4) | No person provided with information pursuant to paragraph (3) shall use such information for any purpose, other than conducting tasks related to infectious diseases under this Act, and shall, without delay, destroy all information when the relevant tasks are completed and inform the Minister of Health and Welfare thereof. |
(5) | The Minister of Health and Welfare shall notify the relevant party as the principal owning information collected pursuant to paragraphs (1) and (2), of the following: |
1. | The fact that information necessary for preventing infectious diseases and blocking the spread of infection has been collected; |
2. | Where information prescribed in subparagraph 1 has been provided to another agency, such fact; |
3. | The fact that, even in cases prescribed in subparagraph 2, no information shall be used for any purpose, other than conducting tasks related to infectious diseases under this Act, and all the information shall be destroyed without delay when the relevant tasks are completed. |
(6) | Where a person provided with information pursuant to paragraph (3) process the relevant information, in violation of this Act, such person shall be governed by the Personal Information Protection Act. |
(7) | Necessary matters concerning the target and scope of information provided under paragraph (3) and methods of notification under paragraph (5), shall be prescribed by Ordinance of the Ministry of Health and Welfare. |