Research On The Protection Of Personal Information In Criminal Proceedings

With the rapid development of information society,the legislative mode of privacy protection to personal information can not satisfy the realistic demand.The legislation and research on the protection of personal information in the field of private law have made corresponding achievements,but the protection of personal information in the field of criminal justice is still in the initial stage.As a "small constitution" that respects and protects human rights,the Criminal Procedure Law strictly requires the public prosecution organs to take the protection of the human rights of the participants as their duty in each stage of the proceedings.Human rights,as the basic right of human existence and development,includes the right to personal information.It is both substantive right and procedural right;Both property rights and personality interests.Therefore,the judicial organs should protect personal information at all stages,from case investigation to prosecution,to trial,and the execution and disclosure of judgment.Judicial informatization is the trend of modern criminal justice.It is the legislative need of criminal justice and the requirement of information age to coordinate the relationship between the collection and use of citizens’ personal information by public authority and the protection of the personal information of litigants and participants in criminal proceedings.With the development of Internet + technology,there are many problems in the protection of personal information in the field of criminal justice.The main manifestations of these problems are: the insufficient supply of criminal procedure legal norms for the protection of personal information,resulting in the protection of the personal information of the parties to criminal proceedings can not be relied on;In the criminal judicial procedure,the criminal litigation authority expands improperly,and the legal limit of the influence on personal information is unclear;Under the background of big data investigation,the depth and breadth of personal information collection and processing by public security organs are far greater than before.The construction of national data sharing platform leads to the expansion of litigation data sharing obligations;In criminal proceedings,there is a lack of personal relief channels and ways of infringement of personal information and national compensation and rescue mechanism.To some extent,the existence of the above problems affects the establishment of the system and system of personal information protection in criminal proceedings and hinders the realization of the purpose of protecting human rights in criminal proceedings.This article takes the absence of personal information protection in the field of criminal procedure of our country as the breakthrough point,and focuses on clarifying the content and boundary of personal information protection in criminal procedure,and introduces the principle of personal information protection to coordinate the conflicts and contradictions between the authority behaviors of criminal procedure and the protection of personal information.The establishment of personal information protection system in criminal procedure is a prerequisite for the protection of personal information.The goal of protecting personal information in criminal proceedings can be achieved better only by clarifying the limits of influence on personal information caused by acts of authority in criminal proceedings,standardizing the collection procedures and information sharing activities of personal information in criminal investigations,and constructing the mechanism of personal information self-relief and state compensation and rescue.