유럽헌법학회

Recently, services that record and summarize calls, meetings, and conversations using artificial intelligence (AI) technology are emerging. Artificial intelligence (AI) call recording has the advantage of conveniently summarizing, editing, and organizing the conversation content, but the possibility of personal information leakage and infringement is raised in the process of a third-party company recording a call between private people and providing a text transcript and summary of the content. Artificial intelligence (AI) call recording is a private communication between two parties and is a constitutionally protected area. Therefore, recording phone calls without the consent of the parties concerned and using them for AI learning may result in a violation of voice rights. AI-based call recording technology goes beyond simple voice storage and involves secondary information processing processes such as conversation summary, emotion analysis, and tendency prediction, raising legal issues that are fundamentally different from the ‘one-time recording’ assumed by existing laws. In particular, exposure of involuntary participants' conversations, non-recognition of AI intervention, overseas transfer of personal information, and unclear responsibility for automated analysis results are difficult to properly regulate only within the framework of the current Communications Secrets Protection Act and the Personal Information Protection Act. AI call recording technology has complex characteristics that include continuous learning, involuntary collection, and the possibility of high-risk use, so in order to respond to this, it is necessary to supplement the existing call recording-centered legal system and establish a separate legal discipline system that reflects AI's unique processing methods and risks. Major countries such as the United States and Europe are also introducing or discussing separate regulations for AI-based high-risk technologies, and we also urgently need legislative and constitutional reorganization that reflects the sensitivity and need for control of voice information. Therefore, the legal system corresponding to AI call recording technology must be redesigned with a focus on explainability, transparency, and practical guarantee of the right to control one's voice, beyond simple consent. This can be said to be an essential task for the evolution of the constitutional order and the establishment of a rights structure suitable for a technological society. Through these efforts to reorganize legislation, efforts should be made to increase the effectiveness of constitutional rights protection and at the same time establish a sustainable legal order that responds to technological developments. This paper summarizes the constitutional meaning of voice rights in relation to AI call recording technology, compares and reviews domestic and international legal trends, and suggests the need for new regulations on artificial intelligence-based call recording technology and directions for legal improvement.