Research On The Protection Of Personal Information In Criminal Procedure

With the development of the information society,in response to the urgent needs of the public,the personal information Protection Law was issued after three times of deliberation.Most of them design detailed legal systems for the collection and use of personal information in civil and commercial fields and administrative fields.However,due to the particularity of punishing crimes in criminal procedure,only some provisions make flexible provisions in the field of criminal procedure,which fails to form a good connection with them.Therefore,it is necessary to comply with the development trend of personal information protection,actively deal with the problems existing in the protection of personal information in criminal proceedings,correctly deal with the evidence of personal information involved in criminal investigation activities in advance,reasonably regulate the information sharing of personal data in criminal investigation,and strictly refine the obligations of assistance and protection of third parties.Balancing the relationship between the collection and use of information in criminal procedure and the protection of personal information,and strengthening the application of the personal information protection law in criminal procedure on the basis of the requirements of The Times,is also an important issue in the field of public law.The first part of this paper is an overview of the protection of personal information in criminal proceedings,which is mainly to clarify the scope and right attributes of personal information to be protected and the legal basis of personal information protection in the Procedure law,providing normative ideas for the setting and operation of procedures.The second part is to learn from the relevant legal provisions of foreign countries or international organizations on the protection of personal information in criminal proceedings,and to learn the clear and detailed personal information protection procedures outside the region,in line with the international protection principles.The third part summarizes the current situation and problems of personal information protection in criminal proceedings,mainly discusses the legislative status of several typical investigation measures in the investigation stage,and then analyzes the problems of collecting and using personal information in the investigation stage of the proceedings.The last part is the Suggestions for perfecting the personal information protection in criminal action,limit the extent of the denotation of the activity to collect personal information evidence,explicitly prohibit technical investigation before filing the applicable compulsory investigation measures,such as perfecting the administrative law enforcement and the judicial organs of information sharing of specific rules,strengthen to collect litigation activities to use personal information for effective supervision and relief,Regulate the behavior of investigation organs to collect evidence from the third party information managers and require the third party subjects to actively fulfill the responsibility of personal information protection in order to realize the personal information protection under the digital development of judicial activities.