The Protection Of The Right To Privacy In Technical Location Tracking

Technical location tracking is an investigation measure that polices use technical means to obtain individual track records.The issue has become one of the frontier issues in the study of criminal procedure law in various countries.Although track records are personal information in public spaces,is it possible for technical location tracking to infringe the right to privacy?How the location tracking,includes GPS tracking and cell phone tracking,may affect the right to privacy?How to achieve the balance between fighting crime and protecting human rights?The paper analyzes how the judicial practice in the United States responds to the challenges brought by GPS tracking and cell phone tracking in the data era,and discusses the protection of the right to privacy in China's criminal procedure law.This article consists of the following five parts:The first part discusses the concept of technical location tracking and the right to privacy.The paper only discusses two methods of technical tracking,GPS tracking and cell phone tracking.The United States Supreme Court introduced the concept of the right to privacy in Katz v.United States?and at the same time completed the meaning of the right to privacy:if individuals have an expectation for the privacy,and this expectation is also recognized by the society.The second part discusses GPS tracking and the protection of the right to privacy.Polices use the global positioning system to grasp the individual's track records.It has low cost,high accuracy,and rich information.It may trap the abuse of the investigation and affects the right to privacy.The US court determined that the act of installing a GPS device constituted a search in the Fourth Amendment,and proposed the mosaic theory.The third part analyzes the cell phone tracking and the protection of the right to privacy.Investigators obtain the information of basic station communicating a personal cell phone and analyzes the personal tracking records.The traditional third-party doctrine does not be applied in the analysis of cell phone tracking and the cell phone tracking still constitutes a search.The fourth part discusses the right to privacy and technical location investigation in China's constitution and other law.Overall,the norms applied in GPS tracking and cell phone tracking cannot meet the need for the protection of the right to privacy.The fifth part proposes the right to privacy should be formulated in China's criminal Procedure Law and the norms of GPS tracking and cell phone tracking.The definition of privacy should be clearly defined as reasonable expectations,and the legislature should determine the scope of the right to privacy and legal procedures for interference with the right.Track records collected by GPS tracking and cell phone tracking both involves the right to privacy,and the legislation should clarify the procedural norms.