Protection Of Personal Information Right In The Big Data Investigation

We live in a time of interconnectedness,and the big data technology which has emerged from it,now is widely used in investigative activities.The big data investigation is based on the database platform,which makes the collection of evidence convenient and efficient through mining,screening,cleaning,analyzing and integrating of massive information.The new technology of big data has brought changes to the traditional investigation mode in the aspects of investigation thinking,investigation mode and investigation procedure,and injected new vitality into the field of investigation.However,big data investigation is more active than traditional investigation,meanwhile,its dependence on personal information of citizens becomes more and more obviously,so it is often in the warning line of infringing personal information.If this frequently interaction with citizens' personal information is not restricted,the contradiction between the exercise of public power of investigation organs and citizens' protection of personal information security will become increasingly prominent.For a long time,China has not formulated a complete and unified Personal Information Protection Law,and the linked norms with the color of that are basically scattered in some departmental laws,while laws such as the Network Security Law only roughly regulate some network behaviors that violate personal information.Generally speaking,the existing problems in the current legislation are as follows:the personal information is not clearly defined,which is also confused with the protection of the right to privacy or personal,and lacked of practical operability.It can be seen that the protection of personal information in China is very weak,which is due to the lack of systematic and clear legal provisions and corresponding supporting measures.In addition,at present,China has not made provisions on "the big data investigation"in the Criminal Law and Criminal procedure Law,so the big data investigation model can not be relied on.Sometimes the big data investigation is even confused with technical investigation,while the investigation department also lacks legal basis and internal norms to crack down on internal and external malicious infringement of right to personal information.Therefore,this article intends to theoretically analyze the operation characteristics of big data investigation and the problems existing in the current big data investigation mode and personal information protection,and draw lessons from the practical experience of the abroad.Finally,from the point of view of the current legislative achievements and practical effects of our country,we explore a new path of personal information protection under the big data investigation mode.Specifically,it includes the following four parts:The first part mainly explains the concept and characteristics of the big data investigation from the theory,and discusses the influence of big data investigation on the right of personal information.First of all,it introduces the reason and concept of big data investigation from the current stage of internet technology development,and then introduces the characteristics of big data investigation and the influence on personal information right compared with traditional investigation.The second part is based on the analysis of the factors embraced in the protection range of personal information right at present,which leads to the thinking of the factors embraced in personal information protection field of the big data investigation in China.Firstly,it summarizes and compares the protection scope of the right to personal information outside China,and then extracts the provisions related to personal information from the existing domestic laws and regulations at the current stage,as well as the views already expressed by comparative scholars to affirm the value of the independent protection scope of the right to personal information in China,and then analyzes the main protection scope of the right to personal information from the perspective of the big data investigation process.The third part is to summarize and compare the legislative reform and judicial practice of foreign countries on the protection of personal information and consider the significance of reference to our country.First of all,this article expounds the main contents of three different ways of protecting personal information right represented by the European Union,the United States and Japan.Then,combining each protection mode with the current situation in our big data investigation,and assessing the significance and shortcomings that can be used for reference.The fourth part is to design protection path for personal information right in big data investigation in China.First of all,from the perspective of big data investigation,I reiterate the necessity of establishing a unified and special "personal information protection",which will give priority to the social control to be observed in the personal information protection under the big data investigation mode,and the principle of supplemental personal control,proportional principle,prior informed consent and ex post evaluation principle will be elaborated in details.Secondly,it puts forward some procedural normative suggestions on big data investigation itself in the aspects of information acquisition and analysis,then divides the big data investigation rights that investigators can exercise,and finally emphasizes the importance of refining the relief of personal information right in other laws and regulations.