Research On Personal Information Protection In Criminal Electronic Data Forensics

In the trend of the Internet era,information technology has developed at an alarming rate,which has fundamentally changed people's daily life,food,clothing,housing,study and other aspects.However,the social changes brought by technology have also changed the traditional way of committing crimes.Cybercrime is increasing day by day in our country and increasing year by year in the proportion of total criminal cases.Electronic data forensics is the only way to investigate cybercrime.However,electronic data contains a large amount of personal information,so electronic data forensics in criminal cases in China faces some problems,such as lack of supervision mechanism,no substantial procedural restrictions,etc.The investigation right without reasonable restrictions can easily violate the personal information right of the parties in criminal cases in the process of forensics.Judging from the current legislative situation in China,there is no special personal information protection law in China,which leads to the lack of personal information protection,especially in criminal electronic data forensics.There are some problems,such as insufficient procedural restrictions,insufficient supervision,and lack of relief and sanction mechanisms,which ultimately make personal information unable to be fully protected in electronic data forensics,which is contrary to the purpose of protecting human rights in criminal proceedings.Through overseas investigation,combined with China's actual situation,we can protect personal information of criminal electronic data forensics in China from the perspective of perfecting domestic legislation and constructing supporting system.Firstly,the personal information classification system model of criminal electronic data forensics with "subject-sensitivity-value" as the core is constructed,and different protection methods are adopted for personal information according to different subjects,information sensitivity and information value;Secondly,from the perspective of clear principles and detailed rules,the legal system of personal information protection in criminal electronic data forensics in China is constructed;Thirdly,set up a special personal information supervision and protection institution,initiate necessary restrictions on the electronic data forensics process through the supervision and protection institution,and strengthen supervision during and after forensics;Finally,the sanction and relief mechanism after the infringement of evidence collection should be constructed.The abuse of power needs to be sanctioned,and the violation of rights needs timely relief,so that the personal information protection of criminal electronic data forensics has its practical significance.