Chapter 2 Identity Verification and Data Collection
The police may verify the identity of the following people in public places or public-accessible places:
1. People who are reasonably suspected of having committed a crime or having the likelihood of committing a crime.
2. People, who according to the known facts, are believed to be aware of the crimes that has already been committed or is to be committed imminently.
3. People whose identity, according to the known facts, must be verified in order to prevent concrete hazards from endangering lives and physical safety of themselves or others.
4. People who stay in places where according to the known facts, serious crimes are being conspired, prepared, or committed or where fugitives are being harbored.
5. People who have no permit for a temporary stay or residence and stay in places where a stay requires the said permit.
6. People who pass through designated public places, road sections, and check points.
The designation stipulated in the subparagraph 6 of the preceding paragraph shall be made only when considered necessary to prevent crimes or deal with events that may effect major public safety or social order.
The designation shall be determined by supervisors in charge.
The police can enter public-accessible places only during business hours and shall not arbitrarily obstruct business operations.
To verify people's identities, the police in accordance with the provisions stipulated in the preceding article may take the following necessary measures:
1. To stop people, vehicles, ships, and other means of transportation.
2. To inquire about the name, date of birth, birth place, nationality, residence, and national ID number.
3. To demand presentation of the personal ID card.
4. To frisk a person or check his/her belongings when there are clear indications that the person may carry objects that may be used to commit suicide or inflict injury on himself/ herself or kill or injure others.
When it is definitely impossible to verify a person’s identity by using the measures set forth in subparagraphs 2 and 3 of the preceding paragraph, the police may take the person to the police agency for further verification. The police shall not use coercive power unless they are resisted and the duration of the verification shall not exceed three hours starting from the time the person is stopped. The police shall also immediately report the identity verification to the Duty Command Center and inform the relative, friend, or lawyer as requested by the person.
The police may stop any form of transportation that has pose a hazard or is likely to pose a hazard according to objective and reasonable judgment and adopt the following measures:
1. To require a driver or passengers to show their IDs or verify their identities.
2. To check the VIN (Vehicle Identification Number), engine number or other identifiable features of the vehicle.
3. To require the driver to take a breathalyzer test.
When the police reasonably suspect that the driver or passenger of the means of transportation provided in the preceding paragraph is going to pose a hazard based on his/her abnormal acts, the police may order him/her to exit the vehicle. When there are sufficient facts indicating the possibility that he/she may commit a crime, the police may also search the vehicle.
When the police have enough facts to believe that acts of people who participate in assemblies, parades or other public events, may endanger public safety or order, they may collect on-the-spot information about the events of participants by videotaping, recording or using other technology tools. When it is impossible not to involve a third party during the said data collection process, the third party may be recorded as well.
Data collected in accordance with the provisions stipulated in the preceding paragraph shall be destroyed immediately after the said assemblies, demonstrations, or other public activities are over unless they must be kept for the investigation of crimes or other illegal acts.
Data preserved as per the proviso to paragraph 2 shall be destroyed no later than one year after they are needed unless they are required for cases that have already been prosecuted but not yet finalized in judiciary proceedings or cases involving violation of the Organized Crime Prevention Act.
The police for the purpose of maintain public safety may coordinate with authorities concerned by installing CCTV cameras or utilizing existing recording equipment or other technology tools to collect data in public places or publicly-accessible places where crimes occur frequently or they believe crime is reasonably assumed to be likely to occur.
Data collected as per the provisions set forth in the preceding paragraph shall be destroyed no later than one year after they have been made unless they must be kept for the investigation of criminal suspects or illegal acts.
The police may observe people in the following activities through visual inspection or technology tools, to collect data over the reasonably expected behaviors or life activities irrelevant to personal privacy or secrecy within a certain period of time that is deemed necessary and permitted by the Chief of the police department in prior writing in order to prevent crimes:
1. People who are believed on the basis of sufficient facts to be likely to commit a crime that is punishable by at least five years’ imprisonment.
2. People who are believed on the basis of sufficient facts to be likely involved in professional, habitual, syndicated, or organized crimes.
Each period of time stipulated in the preceding paragraph may not exceed one year but may be extended once at the most when deemed necessary. When such data collection is no longer necessary, it must be stopped immediately.
Data collected as stipulated in paragraph 1 shall be destroyed immediately after the purpose is fulfilled unless the data must be kept for the investigation of criminal acts.
To prevent hazards or crimes, the police may select a third party to secretly collect related data on someone who is believe to be engaged in acts that will endanger public safety, public order or individual lives, physical safety, freedom, reputation, or property or likely to violate criminal laws.
When considered necessary, the data collection stipulated in the preceding paragraph may be extended to people whom the party concerned has contacted or accompanied.
The so-called third party stipulated in paragraph 1 refers to a person who is not a police officer but has been screened and selected by the police before working for the police on a voluntary basis. The selected third party may receive compensation needed to pay for operating expenses but shall not be granted any title and credential or police powers derived from this Act or other laws and regulations. While collecting data secretly, the said third party may not violate any laws and regulations.
The Ministry of the Interior shall draft regulations governing the screening and selection, communication and deployment, training and assessment, data evaluation and other matters to be followed by the said third party.
To select the third party to secretly collect data related to a particular person in accordance with the provisions prescribed in the proceeding article, may be carried out after the police have specified the grounds and facts and the approval of the chief of the police department or police precinct has been secured.
Once the data collection is completed, the police shall terminate their cooperative relationship with the said third party. However, if new grounds and facts set forth in paragraph 1 of the preceding Article emerge and necessitate continued data collection, the cooperative relationship may be continued after being approved.
When the data on the suspect or the facts that wait to be checked are collected in accordance with paragraph 1 of the preceding article and are to be used as evidence in related legal proceedings, applicable procedural laws shall apply. If the third party is a witness, the provisions of the Witness Protection Act shall apply.
The police may inform the following people to appear at the police agency through an oral or written notice that states the grounds of their appearance:
1. People who are believed, based on the sufficient facts, to be able to provide the police with crucial information which substantial danger or harm.
2. People who according to the known facts, shall be submitted to non-intrusive forensic tests to prevent tangible hazards.
Once the person notified to appear at the police agency as prescribed in the preceding paragraph arrives, the immediate investigation or non-intrusive measures shall be carried out.
To maintain social order and prevent recidivism, the police may carry out periodic visits to the following persons who might pose a threat to social order:
1. People who committed homicide, robbery, snatch and grab, arson, sexual assault, extortion kidnapping for ransoms, fraud, offenses against personal freedom, or organized crime and have served their sentences or have been released on parole.
2. Offenders under rehabilitation or who have served their sentences or are on parole for producing, transporting, selling, or possessing drugs or ammunition.
The period during which the visits as prescribed in the preceding paragraph are carried out is limited to three years after the people have served their sentences or has been released on parole. For any person whose parole is revoked, the period of release on parole shall be excluded from calculation.
The ways to visit people who might pose a threat to social order, or things that need to be checked during each visit, and the rules that regulate the visits shall be decided by the Ministry of the Interior.
The police may transfer the personal information when requested by other agencies if such transfer is necessary and does not go beyond the power they exercise. Other agencies may also transfer personal information they kept upon the requests of the police.
The agencies prescribed in the preceding paragraph shall be responsible for the accuracy of the personal data information they transfer.
The data collected by the police in accordance with the provisions set forth in this Act shall be used within the statutory functions of the police and for the particular purpose of their collection unless otherwise specified by law.
When the data collected by the police in accordance with laws no longer effective to the police for accomplishing their missions, it shall be nullified or destroyed unless the nullification or destruction of the data will endanger the protection worthy interests of the collection target.
Data that shall be nullified or destroyed shall not be transferred or be used in ways that are disadvantageous to the collection target.
Collected data shall be nullified or destroyed within five years after it has been created, unless otherwise specified by the law.