(1) Where any subject of personal location information, his or her spouse or blood-relative within the second degree, or a guardian of a minor under Article 928 of the Civil Act (hereinafter referred to as "spouse, etc.") requests emergency rescue to protect life of physical safety from imminent danger, an emergency rescue agency referred to in subparagraph 7 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "emergency rescue agency") may determine whether it is an emergency; and may request a location information provider to provide personal location information. In such cases, no spouse, etc. shall request emergency rescue for any purpose other than emergency rescue.
(2) The National Police Agency, City/Do police agencies, and police stations under the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as "police agency") may request a location information provider to provide any of the following personal location information; provided, if a police agency intends to obtain personal location information on a person who has requested rescue to protect another person's life or physical safety (hereinafter referred to as "witness") under subparagraph 1, it shall obtain consent from the witness: <Amended on Dec. 22, 2020>
1. Where rescue has been requested for protecting any person, including the witness or person requiring rescue from imminent danger that threatens life or physical safety (hereinafter referred to as "person to be rescued"), personal location information regarding the witness;
2. Where a person to be rescued has requested rescue from any third person, the personal location information on the person to be rescued;
3. Where a custodian defined in subparagraph 3 of Article 2 of the Act on the Protection and Support of Missing Children (hereinafter referred to as "custodian") has requested emergency rescue of a missing child or other such person defined in subparagraph 2 of Article 2 of that Act (hereinafter referred to as "missing child or other such person") for protecting the latter's life or physical safety, the personal location of the missing child or other such person.
(3) Where any third person has requested rescue from a police agency under paragraph (2) 2, the police agency shall confirm the intention of the person to be rescued.
(4) Requests for emergency rescue under paragraphs (1) and (2) shall be made only by calling special phone numbers prescribed by Presidential Decree and assigned for the sake of maintaining public order and promoting public interest. <Amended on Apr. 17, 2018>
(5) When making a request under paragraphs (1) and (2), an emergency rescue agency and a police agency may request all or some of personal location information collected by location information providers using positioning methods they respectively use. In such cases, any location information provider in receipt of a request under paragraph (1) or (2) may collect personal location information without consent of the relevant subject of personal location information; and shall not refuse to comply with such request by an emergency rescue agency or a police agency on account of the absence of consent from the subject of personal location information. <Amended on Oct. 19, 2021>
(6) Where any emergency rescue agency, location information provider, or police agency requests or provides personal location information under paragraph (1) or (2), it shall immediately notify the relevant subject of personal location information, of such fact; provided, where such immediate notification appears likely to threaten the life or physical safety of the subject of personal location information, the notification shall be made without delay after the relevant grounds have ceased.
(7) In order to warn subjects of personal location information located in disaster areas or potential disaster areas, such as typhoon, heavy rain, fire and chemical, biological, and radiological (CBR) accidents, of the dangers to their lives or bodies, any emergency rescue agency may request a location information provider to issue a warning, as prescribed by Presidential Decree; and no location information provider so requested shall refuse such request to issue a warning on the ground that consent is withheld by the subjects of personal location information in the disaster areas.
(8) No emergency rescue agency or police agency, nor any current or former emergency rescue worker, shall use personal location information provided for emergency rescue, for any purpose other than for emergency rescue.
(9) Where a police agency has requested to provide personal location information under paragraph (2), it shall keep the following matters, as prescribed by Presidential Decree, and where a subject of personal location information requests the police agency to confirm, inspect or copy the collected personal location information, it shall comply with such request without delay: <Amended on Apr. 17, 2018>
1. The requesting person;
2. The date and purpose of the request;
3. Details of information provided by the location information provider;
4. Consent to collecting personal location information (limited to the cases falling under the proviso of paragraph (2)).
(10) Matters necessary for requests for emergency rescue under paragraphs (1) and (2); confirmation of an intention under paragraph (3); and the method of, and procedures for, the issuing of warnings under paragraph (7), shall be prescribed by Presidential Decree.
(11) No emergency rescue agency or police agency shall inform any third party of the personal location information provided under paragraph (1) or (2); provided, the foregoing shall not apply to the following cases: <Added on Feb. 3, 2015>
1. Where the subject of personal location information has consented thereto;
2. Where the personal location information is provided to another emergency rescue agency or another police agency where emergency rescue activities are inevitable.[This Article Wholly Amended on May 14, 2012]