Research On The Protection Of Personal Privacy Right In Technical Investigation

Data information is closely related to everyone's life in the era of personal information digitization.The complex information exchange makes the network operator database collect a large amount of personal data information,which involves all aspects of citizens.Such comprehensive data information not only improves the convenience of personal life,but also increases the probability of investigation departments to investigate information and catch criminal suspects.In this process,criminal investigators collect and analyze the privacy information of citizens' data comprehensively by means of scientific and secret technical investigation,which intensifies the conflict between national public power and citizens' privacy right.Therefore,there are some problems we need to solve urgently.First of all,how to balance the value between punishing crimes and protecting human rights in the process of technical investigation.The second,how to define the boundary of personal privacy protection by law.In this regard,Americans are at the forefront of their time.The United States Supreme Court expressed its support for the privacy of citizens' mobile phone location information by a 5-to-4 vote in the case of Carpenter v.United States,On June 22,2018.The Court setting a higher threshold for public rights to violate the privacy of citizens.It ordered the police to obtain a search warrant to collect historical cellphone location information,rather than just a writ.While the ruling does not address whether police need a search warrant to obtain real-time cellphone location information of a suspect or restrict data collection for national security purposes.It set the tone for protecting privacy in other legal issues raised by future developments in new technology.However,the protection of personal privacy in technical investigation has not been paid enough attention in our country.Although the criminal procedure law increased the "technical investigation measures" section in 2012,which has technical investigation measures be legalized.But the law is a kind of "declaration" clause,not for specific and detailed implementation procedure prescribed by the technical investigation measures.Moreover,it is impossible to protect the sensitive personal privacy information that is violated by the technology detection in the era of big data.Therefore,in order to strengthen the protection of personal privacy during the process of technical investigation.The author explores the theoretical basis and specific measures of technical investigation at home and abroad by means of comparative study.Taking the Carpenter v.United States as the research object,which is a legal case at the forefront of personal privacy protection in the digital era.Taking the privacy protection of citizens' mobile phone location information in technical investigation as an entry point to explore the personal privacy protection in technical investigation in the era of big data.By drawing lessons from foreign experience of rule of law and combining with the situation in China,this paper establishes clear implementation procedures,specific application conditions and perfect right relief mechanism for China's technical investigation measures,so as to realize the proper protection of individual privacy right in the field of technical investigation.