Research On The Protection Of Privacy Right In Criminal Electronic Forensics

In the modern information society,the social and economic value of citizens’ personal privacy is increasingly prominent,and the right to privacy has certain independence with the development of science and technology.The tension of traditional legal theory of personal rights and property rights can not meet the requirements of modern citizens for protecting their personal privacy rights.The essence of privacy protection in criminal electronic forensics is the balance of interests between force of state and private rights of citizens.By restricting force of state,citizens’ right to privacy is protected from illegal infringement.Because electronic data itself carries a large amount of personal information of citizens,it is inevitable to interfere with personal privacy of citizens in criminal electronic forensics.Therefore,how to protect the privacy of citizens is a problem that can not be ignored in the process of criminal electronic forensics.Based on the above,the main contents of this paper are as follows:The first chapter is the introduction.Through introducing the research background,combing the research status at home and abroad,the author puts forward his own research ideas.The author studies the protection of privacy in criminal electronic forensics according to the stage characteristics of electronic forensics procedure.Electronic forensics procedures are generally divided into preparation stage,collection and preservation stage,inspection and analysis stage,and the most vulnerable stage to infringe on citizens’ personal privacy is collection and preservation stage and inspection and analysis stage.Therefore,this paper mainly studies the protection of privacy in these two stages.In the second chapter,based on the legal norms of electronic forensics in China,the author combines the case analysis method to analyze the performance of infringement of privacy in the collection and preservation stage and the inspection and analysis stage,which lays a foundation for the following analysis of the problems in the protection of privacy in electronic forensics.In the third chapter,through the discussion of the previous chapter,the author analyses the problems existing in the protection of criminal electronic evidence privacy,mainly including judicial review,the subject of evidence collection,rights relief and so on.In Chapter Four,aiming at the problems in the protection of privacy in Chapter Three,based on the existing scholars’ research andlegal provisions,this paper proposes to establish a double-level judicial review system of electronic forensics,improve the system of technical assistance and the exclusion rules of illegal evidence of electronic data,and further refine the rules of electronic forensics in order to better protect the privacy of citizens.