Personal Information Protection In Criminal Electronic Data Evidence

With the progress and development of science and technology, criminal space and criminal means quietly changed. The era of information brought new lifestyles and behavior patterns to people, with high-tech means to avoid the traditional way of investigation of the new "virtual space" crime endless. Data has a more important value than ever before, and electronic data as a widespread type of evidence has been formally entered into law, playing the role of "silent on-site insider" and becoming a powerful weapon against criminal activities. By the traditional cultural concept and the development of modern science and technology interaction, personal information protection concept and awareness is not deeply rooted. China's personal information protection system is not sound, the Government to further strengthen the construction of forensic capacity, but also on individual rights caused a greater threat. Under the background of the rule of law, we not only pay attention to the results, but also should pay attention to the process of producing results. It is up to the question of how the electronic data of the facts of the offense is obtained and what kind of norms should be followed, which involves the question of the criminal data collection. The problem of electronic data forensics is not only related to the effective prosecution of crime,effective control of crime, but also involves the evidence of the relevant personal information of the witnesses, legitimate proceedings. The core of criminal electronic data forensics is the balance between personal information protection and public power exercise. China's criminal electronic data collection to further standardize and improve the personal information rights in China's criminal justice "human rights protection" in the position.In addition to the introduction and conclusion, this paper consists of five parts. The text from the electronic data collection, the connotation of personal information, the relevant concepts were described. On the basis of analyzing the relationship between electronic data forensics and personal information protection, this paper discusses the legislative experience of electronic data forensics, and puts forward the countermeasures of electronic data forensics in the legislation and practice of personal information protection. Data mining forensic construction of the idea, with a view to solve our electronic data collection in the personal information protection of this problem is beneficial.The first part elaborates the connotation of electronic data and personal information protection. From the electronic data, and then extended to the definition of the nature of electronic data and evidence of the difference between the traditional evidence; personal information in the connotation of the focus on the individual information rights and privacy similarities and differences were analyzed.The second part, starting from the necessity of personal information protection in the process of electronic data collection, expounds the relationship between criminal electronic data forensics and personal information protection.In the third part, through the analysis of the two kinds of legislative models of legal data at the legal level, that is, the legislation model of public and private legislation and the legislative model of public and private separation and private domain decentralization legislation. By comparing the differences between the two, trying to find useful legislative experience and inspiration.In the fourth part, the author analyzes the current situation of the personal information protection in the dynamic forensic evidence,which is represented by the static forensics and technical investigation, which is based on the search and seizure, and analyzes the deep-seated causes of the infringement of personal information right.Construction of the pavement.In the fifth part, according to the dilemma of the protection of personal information in the theory and practice of the criminal electronic data forensics mentioned above, this paper puts forward the concept of changing the concept, constructing the personal information protection system, strictly supervising the mechanism, establishing the electronic data writ permission system and establishing Disciplinary measures and rights relief mechanism in five aspects of the construction of the rule of law.