Electronic Data Forensics From The Perspective Of Personal Information Protection

The unique value of data makes it both a resource and a right.Personal information in the form of data is an important part of individual rights and can not be violated at will.Electronic data not only carries personal information but also reveals criminal facts,and its role in crime investigation and control has become more and more obvious,becoming the key evidence for identifying criminal facts and realizing crime control.Unlike forensics of traditional evidence,electronic data forensics covers a wider range of personal information,which exposes more personal information to the risk of being infringed.Electronic data forensics will not only infringe the personal information of criminal suspects and other third parties,but also affect the legality of the evidence.Existing legal protection is insufficient,the problem of non-standard electronic forensics is prominent,the ability of evidence of electronic data is affected,and the process of electronic data forensics is opaque,and the power of investigation is less restricted.Electronic data forensics is easy to violate citizens' personal information.As a result,there is a contradiction between individual citizens' demands for protection of their information and the needs of investigating agencies for the control of personal information.Based on crime control,electronic data forensics is necessary to obtain personal information;but based on the protection of human rights,the protection of personal information is also legitimate.This article seeks to find a balance between effective forensics of electronic data and the protection of personal information,with reference to the useful exploration of privacy protection in the US courts,and whether the realization of the legitimacy of criminal control is worthwhile or necessary to prejudice the legitimacy of the protection of human rights As a standard for judging whether a system or procedure is fair and reasonable,it restricts the power of investigation,expands the personal control of information and the boundary of privacy,so as to construct a scientific,fair and reasonable electronic data forensics procedure specification.The thesis is divided into four parts.The first part is mainly to define the basic concepts of electronic data,electronic data forensics and personal information.Through the analysis of relevant legal provisions and doctrines,the basic content they have is discussed.The second part analyzes the risk of infringement of personal information protection by electronic data forensics and its causes.The application of electronic data as clues and evidence in judicial practice has expanded,and various new technologies have emerged endlessly and serve judicial practice.However,the legal norms are not compatible with the promotion and application of new technologies.The combination of traditional forensic procedures and new technologies poses a risk of infringement on the protection of personal information:First,the scope of personal information leakage and violations is expanded;Information is at risk of being violated at any time.There are many reasons for the risk:the awareness of personal information protection is weak;the existing legal protection is insufficient;the law enforcement is not standardized;and judicial relief is limited.The third part discusses the balance between the effective forensics of electronic data and the protection of personal information.Through the analysis of the criminal control mode and the due process mode of criminal proceedings,it is concluded that the balance of the two can achieve effective balance of electronic data forensics and personal information protection.Then,it analyzes the three American cases,examines the useful explorations made by the US courts on the balance between individual rights and government power,and then thinks about restricting the power of investigation and expanding personal control of information by fair and reasonable judgment standards.Balance between effective forensics of electronic data and protection of personal information.The fourth part elaborates the recommendations of the procedure specification for electronic data forensics.In legislation,search warrants are used as a prerequisite for starting the evidence collection process,clarify the behavior of evidence collection,and improve relevant evidence collection procedures.For law enforcement actions,it is required to implement the principle of proportionality to minimize the harm of forensics;at the same time,type personal information and combine it with the stage of investigation and forensics;build a professional team to enhance the ability of professional forensics.Introduce the principle of reasonable expectations in the trial,and conduct judicial review of the evidence collection.For third-party platforms,they are required to establish the concept of giving priority to the interests of users,establish a privacy protection mechanism,and strengthen their responsibilities.