Research On Citizens’ Personal Information Protection System In Technical Investigation

With the development of the times,with the advancement of technology,the technical means of crime are more advanced,the number of new crimes in judicial practice is also increasing,in order to combat this new type of crime with high technology and high intelligence,technical investigation methods are increasingly relied on by investigation and case handling organs.With the advent of the information society and the introduction of the relevant Personal Information Protection Law,the state and citizens and interests,which shows the necessity of protecting the right to personal information.Improving the protection of personal information during technical investigations can eliminate a series of potential personal information security hazards caused by investigations in the optimized investigation mode,providing institutional safeguards for combating crime and maintaining social stability.The main issue to be solved in this article is how to avoid conflicts between technical investigation and the protection of citizens’ personal information.The text will explore this in four parts.The first part is an overview of technical investigation and the protection of citizens’ personal information.First of all,in order to have a deeper understanding of technical investigation,the specific measures and characteristics of technical investigation are systematically explained.Secondly,the concept,attributes and characteristics of personal information are introduced.On this basis,in connection with out that the necessity of protecting citizens’ personal information in the current technical investigation is: first,to protect the basic rights of citizens;The second is to promote the rule of law in investigation.The second part is to sort out and summarize the current situation of citizens’ personal information protection in technical investigations.This section will explain the current situation into domestic and extraterritorial aspects.All aspects mainly focus on the legislative status of citizens’ personal information protection in technical investigation and the practice status of citizens’ personal information protection in technical investigation.In extraterritorial technical investigations,the current situation of citizens’ personal information protection is mainly explained by taking the United States as an example.The third part is the comprehensive analysis of the problems existing in citizens’ right to protect personal information in technical investigation.It mainly includes: 1.Conflicts between rules.This problem is mainly manifested in the conflict between the extension of investigative power and citizens’ duty of tolerance,and the conflict between the principle of disclosure of personal information collection and use and the principle of investigation secret.Second,there are problems with external supervision.This problem is mainly manifested in the single subject of supervision and the single method of supervision.III.Provisions on technical investigation evidence are not perfect.This problem is mainly manifested in the existence of problems in the authenticity of technical investigation evidence and the insufficient connection between the rules for excluding illegal evidence.There are problems within the investigative organs.The problem is mainly manifested in the lack of awareness of investigators and deficiencies in information technology.Lack of relief mechanisms.This problem is mainly manifested in insufficient legal basis and single remedy.The fourth part is to improve the protection of citizens’ personal information in technical investigations.First of all,it is necessary to strictly define the applicable principles of technical investigation in the protection of personal information,such as the principle of proportionality and the principle of procedural law.Clarify the applicable objects of technical investigation.Clarify the criteria for initiating technical investigations.Second,it is necessary to improve the supervision system for technical investigation.Improve the design of approval procedures for technical investigations,and strengthen the supervision of procuratorial organs.Third,it is necessary to improve the relevant provisions on technical investigation evidence.Improve procedures for authenticating technical investigation evidence,and apply rules for excluding illegal evidence.Improve mechanisms for protecting citizens’ personal information within public security organs.Raise investigators’ awareness of citizens’ personal information protection,giving play to the role of information technology means in personal information protection.Finally,it is necessary to establish a relief mechanism protect and empower citizens with relevant rights,and increase the remedies for personal information infringement.