Earticle

초록

영어

This article examines the constitutional implications of integrating personal and behavioral data into disaster prediction AI. As climate-related and complex social disasters become more frequent and difficult to manage, public authorities increasingly rely on data-driven technologies to predict risks, identify vulnerable groups, allocate emergency resources, and support rapid intervention. In this process, disaster prediction systems combine personal data, movement records, communication data, location information, and other behavioral data. Although such integration may strengthen the state’s ability to prevent harm and improve disaster response, it also raises serious constitutional concerns regarding privacy, autonomy, and informational self-determination. The article argues that this issue reflects a structural constitutional tension between two equally important principles. On the one hand, the state has a duty to protect life, bodily integrity, and public safety, which may justify the proactive use of predictive technologies in disaster management. On the other hand, the large-scale collection and analysis of personal and behavioral data may significantly restrict individual control over personal information and generate new risks of surveillance, discrimination, profiling, exclusion, and function creep. For this reason, the use of disaster prediction AI cannot be justified solely by administrative efficiency or technological necessity. Against this background, the article proposes a constitutional framework for assessing the legitimacy and limits of dataintegrated disaster prediction AI. It argues that constitutional review should extend beyond ex post remedies after rights violations occur and include ex ante controls over legal basis, purpose limitation, necessity, proportionality, transparency, accountability, and human oversight. Particular attention should also be paid to equality-sensitive design and the protection of vulnerable groups disproportionately affected by both disasters and data-driven state intervention. The article concludes that the key constitutional question is not whether the state may use disaster prediction AI, but under what legal and normative conditions such use remains compatible with fundamental rights. In this sense, the state’s duty to protect should function both as a basis for effective disaster prevention and as a constitutional limit on excessive data-driven intrusion into individual freedom.

저자

• Yulee Shin [ Kookmin University ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  한국재난정보학회 학술발표대회

• 간기

  부정기

• 수록기간

  2005~2026

• 십진분류

  KDC 338 DDC 361