Research On Personal Information Protection In Big Data Investigation

Under the traditional investigation model,the collection of personal information by investigative agencies is mostly achieved through investigative measures or means such as inquiry of people,interrogation,search of physical objects,and technical investigation.The current criminal legal system has relatively perfect regulations on the above-mentioned investigative powers,the interference with personal information is within the controllable range.Explosive data growth and diverse data forms make crimes more intelligent and harmful.In order to detect,control and detect crimes in a timely manner and capture criminals,the big data investigation model emerges as the times require.The extensive use of big data investigations has made national public authorities even more powerful.The breadth and depth of investigative powers have been continuously expanded.It can not only collect fixed evidence,trace back crimes that have occurred,but also inspect ongoing crimes and predict future crimes.As a typical representative of public power,investigative power is inherently "invasive",and some investigative measures are mandatory.With the help of big data technology,"initiative" is further highlighted.As the most extensive and important private right in the era of big data,personal information is behind the basic rights of citizens protected by the Constitution,such as personal freedom,property,privacy,and personal dignity.The widespread application of big data investigations has greatly increased the risk of personal information being violated or even leaked.It mainly includes that the widespread existence of monitoring systems leads to the exposure of personal information,the in-depth mining of related information leads to loss of control of personal information,and the normalization of information sharing exacerbates the leakage of personal information.Big data investigations continue to be used in depth,and personal information protection is still lagging behind.Therefore,it is difficult for citizens to enjoy the rights of autonomy,self-determination,and self-government with respect to personal information.In addition,relevant laws and regulations on personal information protection are general,and there is a lack of private rights that can check and balance the right of big data investigations.The protection and relief system has led to a further escalation of the tension between big data investigation and personal information protection.On the one hand,the hidden expansion of investigative power is mainly reflected in the confusion of investigative methods,the shifting of investigative time points,and the generalization of investigative objects;The expansion of social attributes in the digital society,and the derivation of basic human rights in the digital society.Therefore,it is necessary to pay attention to the protection of personal information in the regulation of big data investigation.To regulate the power of big data investigation,protect citizens’ personal information from illegal infringement,control the spillover of investigative agencies’ information processing power,and promote the improvement of the criminal procedure legal system,it is necessary to construct a relatively complete big data investigation personal information protection system.First of all,it should be clarified that big data investigations need to strictly follow the principles of fairness and legality,differentiated treatment,purpose limitation and information security;secondly,the legislation on personal information protection in the criminal justice field should be improved,such as granting information subjects the right to self-determination of information,adding personal information restrictions Processing rights,correction rights,deletion rights and other special rights to deal with big data investigation rights,and build a disciplinary mechanism for infringement of personal information;thirdly,for the hidden expansion of big data investigation rights,procedural legal regulations should be implemented.Under the guidance of the concept of hierarchical regulation of power,set up a hierarchical review procedure for the exercise of big data investigation rights,and strictly enforce the requirements for obtaining and managing personal information during the investigation stage;finally,set up a personal information protection department within the procuratorate to conduct comprehensive inspections of big data investigations.Supervision of the process,security inspection of the information processing system and strengthening of the judicial authority’s supervision of electronic evidence,construction of a supervision mechanism for the protection of personal information in big data investigations,so as to fully guarantee the security of personal information in big data investigations.