Research On Personal Privacy Rights Protection In The Context Of Big Data Investigation

Entering the digital age,not only have citizens’ lifestyles changed,but the modes of protecting relevant citizens’ rights are also constantly evolving.In the small data era,investigative authorities mainly violated citizens’ property and personal rights through traditional manpower investigations,with less infringement on citizens’ privacy rights.Today,with personal information digitalized and data closely linked with our lives,citizens’ related information scattered on the internet retains various aspects of their lives online.This not only enhances the convenience of daily life,but also allows investigative departments to technically investigate relevant information,increasing the chance of capturing suspected criminals.With the advancement of science and technology,criminal investigators use advanced technical means to comprehensively collect and analyze personal data and privacy information,thereby intensifying the conflict between state public power and citizens’ privacy rights.Therefore,how to punish crimes,protect citizens’ rights,and establish legal protection for personal privacy rights have become significant issues facing society.Personal privacy rights are related to personal dignity and personal freedom,and the harm to individuals caused by privacy leaks cannot be measured by tangible losses,requiring a change in the traditional protection model.In our criminal law,privacy rights are not fully protected and are seen as an indirect right,with insufficient protection and inadequate means.This article is divided into the following parts:The first part is the presentation of the problem.By analyzing the differences between big data investigation and technical investigation,this part argues that big data investigation should be differentiated from technical investigation.The investigative authority of the investigation organ must be restricted to protect the related rights of citizens,especially in the context of big data investigation.It needs procedural regulation to protect citizens’ privacy rights.The second part dissects the concept of personal privacy,discussing the changing connotations of personal privacy rights under the context of big data investigations,and analyzing the current status and trend of personal privacy rights.The original privacy protection model is no longer suitable for the big data era and cannot directly incorporate personal privacy protection into the protection model of personal information rights.There is a need for special protection of personal privacy rights.The third part analyzes the problems facing the protection of personal privacy rights in China in the context of big data investigations,discussing relevant issues of personal privacy protection from aspects such as the expansion of investigative power,the technical attributes of big data itself,and the intervention of third-party entities.The fourth part combines the measures related to personal privacy protection under the context of foreign jurisdictions balancing big data investigations,and proposes feasible suggestions on how to protect personal privacy rights in the face of the imbalance in the protection of personal privacy rights in the context of big data investigations in China.