Research On Personal Information Protection Issues In Big Data Investigatio

With the progress of science and technology,we have entered the era of big data.Big data,artificial intelligence and other technologies have brought convenience to criminal investigation.The concept of big data investigation has emerged at the historic moment and become an important way for investigation organs to crack down on and prevent crimes.On the one hand,the investigation organ can use big data to prevent crime,that is,when the investigation organ finds suspected crimes or criminal clues under the monitoring of big data,it can take timely measures to stop the behavior and prevent the bad result;on the other hand,when the crime result occurs,the investigation organ can use big data and network technology to quickly lock the suspects,fix the relevant evidence and analyze them to fight crime.This not only greatly improves the efficiency of criminal procedure,but also promotes the reform of investigation thinking and investigation mode.Due to the characteristics of big data investigation because of intelligence,initiative,universality and depth,it is very likely to violate citizens’ personal information and privacy in the process of investigation,and the scope of such infringement is large,and the way is also secret.The constitution specifies the citizen’s personal information inviolable,the civil code set up the personality right,and set a special chapter to protect privacy and personal information,the criminal law also set up the infringement of citizens’ information,at the same time in 2021,the personal information protection law has been promulgated,which reflects the country’s emphasis on personal information.However,there is still a vacancy in the protection of personal information in the criminal Procedure Law,which makes it impossible to effectively regulate personal information when it is violated in the big data investigation.This paper is divided into four parts,in this regard,The first part is an overview of big data investigation and personal information,Understand the concept,operation mode and characteristics of big data investigation,And analyzing the advantages of big data investigation compared with the traditional investigation mode,Summarize the relevant concepts of personal information,To distinguish between the relationship between personal information and privacy rights,And clarify the value of personal information reflected in the big data investigation;The second part is to explain the problems existing in the personal information protection in the current big data investigation in China,Understand the current situation and analyze the reasons;The third part is to summarize the relevant theories,cases and legislative experience outside the region;The fourth part is to put forward suggestions for the protection of personal information in big data investigation,The idea of procedural improvement,Specifically,it means that under the premise of clarifying the attributes of big data investigation and the classification and protection of personal information,To determine the principles of the program operation,the strict initiation of the program,and the rights and obligations of each subject,At the same time,improve the internal and external supervision and accountability and relief mechanisms,Thus to strengthen the protection of personal information.