Research On Privacy Protection In Electronic Data Investigation And Forensics

The right to privacy is an increasingly important right in modern society,which is designed to protect the freedom of personal private life and personal spiritual freedom.The right of privacy is to be able to "hide personal affairs",while the purpose of criminal investigation is to expose the facts of the crime and collect evidence of the crime.There is a natural conflict between the two.This conflict is particularly evident in the process of electronic data investigation and forensics.When electronic evidence is collected,not only may the electronic data storage medium be searched,but also citizens’ virtual cyberspace may be required to obtain evidence,which is likely to cause violations of privacy.Because the regulation of electronic data forensics in China focuses on guaranteeing the authenticity and integrity of the content of electronic data,there are many problems that violate the right to privacy in the practice of electronic data investigation and forensics.This paper draws on and summarizes the extraterritorial experience of protecting the right to privacy in electronic data investigation and forensics,and proposes suggestions for improving the protection of privacy in electronic data investigation and forensics in China.The body of this article is divided into four parts.The first part of the article is an overview of privacy.Defined the concept of privacy and the right to privacy,and introduced the development and change of the object of privacy,that is,from the traditional personal private life,family life,residence,and communication secrets,to the modern object that absorbs the right of network privacy,including personal information,personal networks Space carrier,personal network activity.The second part of the article introduces the protection and limitation of privacy in electronic data investigation and forensics.This section analyzes the necessity for the state to protect the right to privacy in the process of electronic data forensics,and also explains the reasons and requirements for the state to restrict and interfere with the right to privacy in the process of electronic data forensics.The third part of the article is about the problems of privacy protection in electronic data investigation and forensics.This article analyzes the relevant laws and regulations and some cases of electronic data,and the author’s investigation and understanding of electronic data forensics in practice in China,the author summarizes the privacy protection issues in the process of electronic data investigation and evidence collection,the search and approval procedures,the scope of evidence collection,the storage procedures,and the right relief.The fourth part of the article introduces the improvement of privacy protection in electronic data investigation and evidence collection.Aiming at the problems of privacyprotection mentioned in the previous section,the article proposes corresponding countermeasures from the aspects of legislative principle construction,strict setting of procedures,and improvement of the right relief mechanism.