Research On Personal Information Protection During The Initial Criminal Investigation Stage

In the context of the information age,personal information protection has become a hot topic that cannot be ignored.In the initial stage of criminal investigation,the collection and processing of citizens’ personal information by the investigating authorities are not standardized,resulting in infringement of citizens’ personal information rights and interests.Against the backdrop of the promulgation and effective implementation of the Personal Information Protection Law,it is necessary to focus on current judicial practice,with the issue of misconduct in personal information protection during the initial investigation stage as the direction,conduct research on personal information protection,and seek improvement paths for personal information protection in criminal justice.In addition to the introduction and conclusion,the full text is divided into five parts to study the protection of personal information during the initial criminal investigation stage:The first part is an introduction.Mainly clarify the basic concepts of criminal preliminary investigation and personal information,clarify the nature and scope of authority of criminal preliminary investigation in the criminal litigation stage,sort out the content of personal information rights,and compare and analyze them with rights such as privacy and data rights,summarizing the characteristics of personal information in the criminal preliminary investigation stage.The second part is an analysis of the necessity of protecting personal information during the initial investigation stage.During the initial investigation stage,there is a risk of improper use and leakage of personal information.At the same time,the retrieval and utilization of some personal information involves mandatory investigation,leading to a lack of legitimacy in relevant evidence.The traditional criminal justice protection logic centered on privacy rights is weak,and the protection level for sensitive personal information is too low.A series of issues highlight the necessity of protecting personal information during the initial investigation stage.The third part is about the misconduct in personal information collection and processing during the initial investigation stage.In the process of personal information retrieval,there is a problem of insufficient strict approval procedures;In the process of electronic data forensics,there is a lack of restrictions on collecting personal information for forensics;In the process of Big data investigation,there are problems of ignoring the risk of information retention and disclosure and the right to interfere with personal information;In the process of collecting biological information,there is a problem of not distinguishing between collection methods,samples,cases,and objects;The imbalance in information flow has also caused certain difficulties for enterprise information compliance.The fourth part is an analysis of the reasons for the problems in personal information protection during the initial investigation stage.The main reasons behind this are the general and lagging basis for personal information protection,the lack of control and supervision over information collection,the weak effectiveness of procedural coercion mechanisms,and the unclear rights and obligations of relevant information subjects.The fifth part is suggestions for the protection of personal information during the initial investigation stage.At the legal level,propose suggestions to follow the principles of protection and construct specific response rules;At the level of strengthening procedural control functions,suggestions are proposed to refine the content of pre approval and clarify the supervisory subjects during the process;At the level of improving the post sanctions and relief procedures,suggestions are made from the aspects of improving the relief methods,enriching the exclusion of illegal evidence,and ensuring the exercise of the Right to be forgotten;In terms of clarifying the rights and obligations of relevant subjects,suggestions are proposed to clarify the rights of information subjects and the obligations of case handling agencies.