Technical Investigation Measures Use And Privacy Protection

With the development of science and technology,some of the scientific and technological means, which are secretly applied in the cases with grave social harmfulness, have become the special-purpose investigative techniques for the state security organs and the public security organs. Most commonly,these special investigative techniques are calld as the technical investigative techniques. For their contribution to improve the detection efficiency and the success rate of the crime-fighting work,the technical investigative techniques have been widely used by many countries throughout the world. But,as the technical investigative techniques,which have been secretly put into application without informing the litigants to the case,necessarily have violated the investigative targets’privacy. At the piont of protecting citizen’s right of privacy,increasingly,there has been a call for stronger control over the investigative techniques around the world. The application of technical investigative techniques will surely coflict with the citizen’s privacy righ.How to balance the conclict between fighting crime and the protection of human rights has become an inevitable problem of every country.Aim at this problem,the author brings some dicussion about the empowerment and control in the domestic and international criminal procedure,the restrictions and protection of citizens’right of privacy,in order to seek solutions through the analysis and reappraisal of the dialectical relationship between the application of technical investigative techniques and the citizen’s privacy right.This paper is divided into five parts.As a brief survey of the technical investigative techniques and the citizen’s privacy right,the firt part is mainly about clarifying the concepts,making standards and exclusive theory of privacy right based on reasonable expectation of privacy and objective facts,discussing how to define the Invasion of privacy right during the criminal investigation.It has also made an introduction of the manifestations of technical investigative techniques applied in those cases such as Legal use, over use and illegal use.The second part is mainly about how to maintain the legal benefit balance in the confrontation of technical investigative techniques and the citizen’s privacy right through discussing the necessity and legitimacy of the investigative techniques and the restriction of the privacy rightThe third part analyzes the status quo and defects of investigative techniques and the protection of privacy right in our country.It points out the problem and puts forward some suggestion to solve them. The forth part aims to illuminate the relevant national legislation and practice situation through an introduction of the experience of other countries in area of the technical investigative techniques,the dealing with the privacy data and the exclusion of illegal evidence.In part five,some measures are suggested to regulate the use of technical investigative techniques and protect the privacy interests of our citizens.Because of the technical method name,the name of the equipment and the specific process of the implementation of the technical investigation measures are the state secrets,the contents of these aspects are not discussed in detail in this paper.Therefore,this paper mainly focuses on the use of the technical investigative and the protection of privacy in foreign countries from the aspects of domestic and international legal requirements and practices.