On The Protection Of Privacy In Secret Investigation

The right to privacy is a kind of human rights,the protection of privacy is the general law of the development of human rights in criminal procedure,in order to protect the right of privacy is the focus of the rights of the spirit,is the highest level of protection of human rights.In secret investigation,the main protection of privacy including the suspect and his family,friends,and may involve the criminal investigation in every ordinary citizen;privacy protection standards,changing from "physical invasion" as a "reasonable expectation of privacy interests.Secret investigation measures has secrecy,which determines the investigators in the investigation phase of people and may have been implicated in the people do not know the circumstances,into the party private space,which shows the privacy of "transparency",even when knowing the personnel,but also because of the secret investigation has unique characteristics,and cannot make effective resistance.These decisions,which are different from conventional investigations,determine that privacy is necessary in secret investigations.From the experience of western countries under the rule of law,a felony absorption principle and proportion principle related content clear protection of privacy,the investigation organs in the implementation of secret investigation measures,truly authorized approval,the material must be kept secret and protect the rights based,tort relief.In the implementation of secret investigation measures,protect the citizens' right of privacy has positive and legitimacy.