Conflict And Balance Between Big Data Investigation And Personal Information Protection

Unlike the first and second industrial revolutions,the third Commercial industry revolution,represented by Informatics has changed the way of human production and life in an unprecedented way.It brings convenience to people and also records our lives all the time,and this recording process makes human beings fall into a kind of "circular prison".The oppressive feeling of this encirclement is not only reflected in the civil field but also in the field of criminal proceedings.With the Golden Shield Project investigative agencies are trying to use big data technology to retrieve,mine,and analyze citizens’ personal information to achieve precise crackdowns on crimes and even early intervention in crime prevention.It is undeniable that big data investigation has many advantages over traditional investigation methods in the process of practice,and can address the issue of the lack of adequate security presence.At the same time in the face of the reality of the growing telecommunications network and other information fraud ways to use according to the modernization and progress of big data investigation is an inevitable choice.But big data investigation in the performance of its effectiveness at the same time also brings great trouble to the protection of personal information,big data investigation triggered by the panoramic surveillance makes the power and the right to compete.For the time being,although the Personal Information Protection Law was introduced in 2021,but in the field of criminal proceedings on the big data investigation behavior is extremely lack of regulatory system.Therefore,this paper will start from the contradiction and conflict between big data survey and privacy data privacy,data investigation and personal information protection,focus on how to balance the relationship between the two,through the use of historical analysis,documentary study way,relative study way put forward some major points of advice and suggestions.For this purpose,this paper will also be divided into four major parts for a systematic and overall discussion.The first part is an overview of big data investigation.From the specific connotation and characteristics of big data investigation.In addition,this section further discusses the meaning of privacy data for big data investigation and the scope of protection of privacy data under the Code of Penal Procedure,laying the basis for the specific details below.The second part,The Paradox of Big Data Surveys and Personal Figures.This section focuses on the contradictions and conflicts between big data investigation and personal data protection at this stage from the grasp of the implication of personal informational information.In the third segment,we analyze the pros and cons of the approach to individual patient protection in the United States and European union in the area of code of criminal procedure,with the aim of providing some inspiration and lessons for the construction of employee privacy protection in China.The fourth part,The trade off between big data surveys and private data management.This part,build on the existing issues summarized,to strengthen the supervision of power operation,establish systematic big data investigation power exercise regulation to form closed-loop supervision,introduce a variation of information sealing system,implement a subject separation system,ect.So as to improve the link between male and passive rights,and inject a constant source of power support for the construction of rule of law in China.