Research On Personal Information Protection Balance Mechanism In Artificial Intelligence Investigation

Artificial intelligence investigation is a breakthrough in the technical level of the "bottleneck" faced with the new type of crime in the traditional investigation mode.Artificial intelligence is used in investigative activities,using intelligent video recognition systems and data intelligent analysis and judgment systems to collect data,analyzing and using data,to improve the efficiency of investigations,determine the direction of investigation,accurately identify suspects,and effectively prevent and combat crimes.Both have impeccable effects.However,artificial intelligence investigations that rely on technology support are also straightforward due to the unreasonable risks of their program design.The risk of loopholes in the technology itself will inevitably cause intrusions on the privacy of citizens,or exceed reasonable limits.Citizens' personal information is excessively excavated.Advances in technology do not represent a concession to the right to protect personal information.Based on this,the protection of personal information in artificial intelligence investigations is actually a balance between public and private rights,a balance between efficiency and procedures,and a balance between substantive justice and formal justice.To cope with the impact of artificial intelligence investigations on the protection of personal information and achieve the win-win goal of combating crimeand protecting human rights,we must effectively balance the relationship between the two,and start with mechanisms such as legal protection,procedural protection,and supporting systems.Promote the development of artificial intelligence investigations in a direction consistent with the spirit of modern rule of law.This paper focuses on the following issues: the first is to clarify the relevant contents of AI investigation in order to play its value in litigation investigation;the second is to define the attributes of citizens' personal information,and to seek the protection of the legal level by appealing for the promotion of relevant legislation;the third is to find the balance between the protection and provision of personal information in the exercise and operation of investigation power Point,and from the legal level,technical level and other aspects of personal information protection to form a safeguard mechanism.The innovation lies in the protection of personal information in artificial intelligence investigations,the establishment of a "third-party agency" that integrates supervision and technical security responsibilities,to achieve professional management of artificial intelligence,comprehensive protection of personal information,clarification of its responsibilities and Working procedures,promoting the standardization of national supervision in the artificial intelligence industry.This paper mainly focuses on "artificial intelligence investigation" and "personal information protection".The specific content is divided into five chapters:The first chapter mainly analyzes the two concepts of AI and AI investigation,which are different from the current popular research in criminal law.This paper focuses on AI as a tool attribute,i.e."weak AI",and reveals its subject,object and content from the investigation elements.On the basis of full consideration,combined with the opinions of many domestic scholars In this paper,the author puts the artificial intelligence investigation as a supplementary case handling,which is not only convenient for the investigators to play their subjective initiative,but also can make up for the short board of narrow human brain prejudice,and in essence still returns to the framework of the current investigation mode.For the convenience of understanding,the author compares it with several other investigative measures one by one,and expounds its own unique characteristics of data research accuracy,efficient demonstration and information integration.The second chapter mainly describes the legal nature and protection of personal information.The author analyzes the three views about the attributes of personal information in academic circles,and agrees with their dual attributes of personality and property.On the basis of consulting a lot of domestic and foreign literature,combined with the experience and practice of foreign regions,the author thinks that it should be protected from the legal level.The third chapter is the theory of balance between AI investigation and personal information protection.In this chapter,on the basis of affirming the value of AI investigation in efficiency,justice and judicial procedure,the author also pays attention to guard against the excessive use and infringement of personal information caused by the risk of marginal overflow of investigation power,further clarifies the necessity of personal information protection from the perspective of legal theory and objective needs,and also effectively constructs AI investigation and personal information protection for the last chapter To achieve balance lay the theoretical foundation.The fourth chapter focuses on the conflicts and problems of personal information protection in AI investigation,which is the significance of this study.In the big data environment,the personal information of citizens is stored in different Internet platforms,or the collection of evidence is named "legal use" because of the needs of investigation and case handling,but whether the third-party platform has sufficient obligation to properly keep or how to define the legal responsibility;based on the reasons of punishing crimes and finding out the facts of crimes,whether the protection of personal information under the AI investigation needs to let Step,how to avoid the technical loopholes or the expansion risk of investigation power in AI?These are all problems that need to be solved urgently.The author points out the direction for the fifth chapter to discuss the balance guarantee mechanism by putting forward the above problems.In the fifth chapter,the author tries to find out the balance mechanism of personal information protection in AI investigation by using the experience of foreigncountries for reference,on the basis of reasonable application of legal principles and proper investigation procedures,and by exploring the relevant AI investigation technology,in order to solve the current threat of personal information protection and how to effectively,orderly,reasonably,effectively and reasonably The operation of limitation provides some references to realize the organic unity of substantive justice and formal justice of law,combating crime and protecting human rights,substantive value and procedural value.