Technology Research On Privacy Protection In The Process Of Investigation

With the development of economy and the improvement of living standards, for the protection of the right of privacy has been the attention of people, the world also made the corresponding provision of privacy protection, which requires legislative regulation law in our country, the protection of the citizen's right of privacy, in order to comply with the development of The Times, but it is clear that the practice of our country in this respect can't meet the requirements of the public, especially in the process of criminal investigation, technical investigation measures of general application make the citizen's right to privacy protected, this is we need to face and pay attention to, in the judicial practice, due to the public security organs and procuratorial organs have their own functions respectively, make the cooperation between the two is not very ideal, this also is what we want to realize, so how to say this article is in the process of using the technical investigation measures guarantee citizens' right of privacy.This paper mainly divided into four parts, the first part introduces technical investigation and an overview of privacy and explains the relationship between technical investigation and privacy protection. First technical investigation, and involves three law, including 1993 in the state security law, in 1995 the people's police law and the criminal procedure law in 2012, including the technical investigation is mentioned, specifies the technical investigation of their subject and the scope of the case, although the regulation is not specific, but relative to the previously has been great progress. The investigation of the characteristics of the introduced technology, such as mandatory, confidentiality, etc. Second will be a replacement for the right of privacy, what technical investigation violates the right of privacy, who violates the right of privacy, and which belongs to protect the legitimate rights and interests of the object. Finally the relationship between technical investigation and privacy protection, including the technical investigation measures may for privacy infringement, make appropriate restrictions on citizens' right to privacy in the process of investigation rational protection of citizens' right to privacy in the process of legitimacy and detect the necessity of protecting citizen right of privacy and penal prosecution of the conflict.The second part introduces the foreign technical investigation on privacy protection in the process of its achievements in the field of legislation. The branch in the United States and Britain, for example, to specify the United States and Britain of privacy protection in the technical investigation approach, the focus on each of the two countries in this area have similarities also have differences, we should not only understand the system construction of the two countries, also want to know the difference between the two countries, and in the case of adapt to the situation of our country from the experience of the first countries to gradually perfect our system of privacy protection in the process of technical investigation, and regulating the investigation of investigators, step by step to guarantee citizens' right of privacy, which is in the second part explains.The third part introduces the status and problems of our country in the aspect of technical investigation. Mainly embodied in the legislation, said in front of the 2012 new "criminal procedural law" than used to be a big step forward, rules on the investigation organ as required by investigation of crimes, through strict approval procedures, can adopt technical investigation measures, but in the process of investigation, a reconnaissance measures through the application, examination and approval, execution, preservation and destruction process of the data, for the purpose of this law is not to make the rules, the program especially follow-up procedures such as supervision and relief are not provided, this is a loophole in the legislation in our country, trying to make up for.The fourth part is the most important, in view of the fourth part put forward the problem on the program to solve one by one, other also includes the scope of cases, subject scope, the types of investigative measures, time limit, lifting and extension, and so on. In the judicial practice also to strengthen the cooperation of the public security organs and procuratorial organs, so perfect in the legislation and judicial practice and conducive to the guarantee of citizens' right to privacy in the process of technical investigation.