(1) No one shall install and operate any fixed visual data processing device at open places, except in any of the following cases: <Amended on Mar. 14, 2023>
1. Where specifically allowed by statutes or regulations;
2. Where it is necessary for the prevention and investigation of crimes;
3. Where a person with legitimate authority installs and operates such device for the safety and management of facilities and prevention of fire;
4. Where a person with legitimate authority installs and operates such device for traffic enforcement;
5. Where a person with legitimate authority installs and operates such device for the collection, analysis, and provision of traffic information;
6. Cases prescribed by Presidential Decree, where the photographed image information is not stored.
(2) No one shall install and operate any fixed visual data processing device to look into the places which are likely to noticeably threaten individual privacy, such as a bathroom, restroom, sauna, and dressing room used by many unspecified persons; provided, this shall not apply to the facilities prescribed by Presidential Decree, which are used to detain or protect persons in accordance with statutes or regulations, such as correctional institutions and mental health care centers. <Amended on Mar. 14, 2023>
(3) The head of a public institution who intends to install and operate fixed visual data processing devices pursuant to the subparagraphs of paragraph (1) and a person who intends to install and operate fixed visual data processing devices pursuant to the proviso of paragraph (2) shall gather opinions of relevant specialist and interested persons through the procedures prescribed by Presidential Decree such as public hearings and information sessions. <Amended on Mar. 14, 2023>
(4) A person who installs and operates fixed visual data processing devices pursuant to the subparagraphs of paragraph (1) (hereinafter referred to as "fixed visual data processing device operator") shall take necessary measures including posting on a signboard the following matters, so that data subjects may easily recognize such devices; provided, this shall not apply to military installations defined in subparagraph 2 of Article 2 of the Protection of Military Bases and Installations Act, important national facilities defined in subparagraph 13 of Article 2 of the United Defense Act, and other facilities prescribed by Presidential Decree: <Amended on Mar. 29, 2016; Mar. 14, 2023>
1. The purpose and place of installation;
2. The scope and hours of photographing;
3. The contact information of the person in charge of its management;
4. Other matters prescribed by Presidential Decree.
(5) A fixed visual data processing device operator shall neither arbitrarily manipulate a fixed visual data processing device for purposes other than those for which the device was installed, nor direct the device toward different spots, nor use sound recording functions. <Amended on Mar. 14, 2023>
(6) A fixed visual data processing device operator shall take measures necessary to ensure safety pursuant to Article 29 to prevent personal information from being lost, stolen, divulged, forged, altered, or damaged. <Amended on Jul. 24, 2015; Mar. 14, 2023>
(7) A fixed visual data processing device operator shall establish an appropriate policy to operate and manage the fixed visual data processing devices, as prescribed by Presidential Decree; provided, the fixed visual data processing device operator need not formulate a policy to operate and manage the fixed visual data processing devices if he or she has included matters regarding the operation and management of fixed visual data processing devices when formulating the Privacy Policy under Article 30. <Amended on Mar. 14, 2023>
(8) A fixed visual data processing device operator may entrust the business affairs regarding the installation and operation of fixed visual data processing devices to a third party; provided, public institutions shall comply with the procedures and requirements prescribed by Presidential Decree when entrusting the business affairs regarding the installation and operation of fixed visual data processing devices to a third party. <Amended on Mar. 14, 2023>[Title Amended on Mar. 14, 2023]