Research On Privacy Protection In Electronic Data Search And Seizure

In modern society,various electronic devices have become our necessity.Work and life are recorded in electronic data.Our preferences,habits and secrets are all hidden in our mobile phones.We are in such an era of rapid development and universalization of electronic technology.Electronic devices can serve us,provide convenience,and can also be used to commit crimes.There is no doubt that electronic data has taken great strides to the big stage of judicial practice in China.However,technological progress is always a double-edged sword.While it brings us more efficiency in investigations,it also brings about technical and legal issues that may infringe citizens' right to privacy.According to law,the investigating agency ransacked a mobile phone on the criminal suspect.Can it carry out a warrantless search of the contents of the mobile phone without permission? The answer is "No".The Rally v.California case that the United States Supreme Court handed down on June 25,2014 has inspired us.This case is of epoch-making importance for the protection of citizens' privacy rights,and it is also a wake-up call and enlightenment to China's privacy protection system.First of all,this article starts with the Rally v.California case of the United States Supreme Court.It analyzes the relationship between electronic data search,detention and privacy.The special nature of electronic data search and detention makes the privacy information of the searched person more vulnerable to violations.Privacy as a basic right requires relevant laws and regulations to improve the protection of privacy.Secondly,it discusses the problems existing in the protection of privacy in the search and detention of electronic data in China that include legislation and practice.Thirdly,it learns the practices of the United States and Germany whose privacy theory is more mature.Finally,some countermeasures and suggestions are proposed to solve the problems existing in the protection of privacy in China.Article 2 of China's "Criminal Procedure Law" clearly stipulates that respecting and safeguarding human rights is the basic principle of criminal lawsuits,which highlights the importance of criminal lawsuits in China for protecting human rights.Whether it is as a clue to solve crimes or a basis for finalizing the case,electronic data will play an increasingly important role in the future of criminal investigation.This also indicates that the invasion of privacy rights will tend to be diverse.Therefore,we must attach great importance to the protection of privacy rights in the search and detention of electronic data.