Research On The Relevant Issues Of Personal Information Protection In The Electronic Data Forensics

With the rapid development of digital information technology, intelligent devices and applications have brought many conveniences to people.Unfortunately,every coin has two sides, digital technologies have also provide a new platform for crimes, bringing great harm to the society. As traditional detection methods are limited, to solve this intractable problem, digital data forensics apears in our sight.The new Code of Criminal Procedure notarizes the role of digital data in law system, which indicates that digital data can be used as legal evidence in the course of trial to better safeguard fairness and justice.Meanwhile, digital data forensics process is much more complex than the traditional evidence collection process. When collectors would infringed not only the physical space of citizens but also the virtual spaces in collecting digital evidence, and therefore the personal information is very vulnerable.To expound the relationship between digital data forensics and personal information protection, this paper begin with some issues in digital data forensics process. Based on some useful experience from foreign eares, several immature suggestions to improve the system of personal information protection in digital data forensics, which are expected be benefical to personal infromation protection.This paper consists of five chapters. The first chapter describes the basic theory of digital data forensics, illustrates its characteristics in detail, and shows the difference between electronic data forensics and traditional evidence collection. And then, the significance of digital data forensics to criminal investigation is briefly introduced, and the related problems in our country’s digital data forensics are analyzed.On the basis of the previous chapter, the second chapter, in order to highlight the value of personal information,shows a full description of the meaning and characteristics of personal information to our eye. And then it describes personal information protection in our laws and foreign laws, making the legal basis of personal information protectionclear in our country. Finally, the necessity of personal information protection and the inevitability of limition to personal information in digital data forensics are described in detail, to show the relationshipbetween digital data forensics and protection of personal information to us.The third chapter focuses on comparing personal information protection home and abroad from the legislative level.Through the comparative analysis, we summed up some helpful experiences and propose several suggesion, which will be shown in the following section.The fourth chapter describes the status of personal information protection in digital data forensics, which is revealed through some cases, and the problems in the process of personal information protection are dicreabled clearly. On this basis, the reasons why personal information can be infringed are analyzed from the level of collectting forensic measures,which paves the way for putting forward personal information protection insitution.The fifth chapter is a summary of the above chapters, then, some relevant measures are proposed based on the current situation in our country. From the four aspects, legislative protection, monitoring mode, the sanctions mechanism and the relief mechanism, to discuss how to build the protection system of personal information in digital data forensic process.