Research On The Personal Information Protection In Big Data Investigation

In the current information age,crime is becoming more concealed,new and virtual.Based on the needs of fighting crime,a new big data-driven investigation model-big data investigation has been born.Big data investigation refers to the use of data technology to collect,integrate,compare,and excavate massive amounts of data and information stored on network platforms or computer systems to discover criminal clues,collect criminal evidence,seize criminal suspects and predict crimes The investigation mode.Compared with the traditional investigation mode,big data investigation has the characteristics of digitization of investigation space,intelligence of investigation technology,and initiative of investigation behavior.It is an inevitable choice of the current era.However,at this stage,my country’s Criminal Procedure Law does not have relevant regulations on big data investigations,coupled with the lack of personal information protection laws and the confusion of data sharing mechanisms,making the problem of personal information protection under big data investigations prominent.Personal information in big data investigations has its particularities,mainly including mass,easy access,dynamics,and subject diversity.It is necessary to discuss the construction of a system to protect personal information in big data investigations from the perspectives of rights protection and procedural regulation.On the premise of ensuring the security of personal information,maximize the effectiveness of big data investigations.The theoretical basis for protecting personal information in big data investigations includes personal information protection theory,information privacy theory,value balance theory,and layered protection theory.The value of personal information itself presents diversified characteristics,including moral value,commercial value and political value.Criminal litigation has always pursued a balance of value between punishing crimes and protecting human rights.In the era of big data,the values of both are reflected in the use and protection of personal information by investigative agencies.In the process of big data investigation,through the use of personal information to promote the efficiency of investigation,its superior interests are exactly the needs of the country to fight crime,and the protection of personal information reflects the protection of the basic human rights of citizens.At present,the challenges to personal information protection under big data investigation include: First,it is difficult for existing legislation to protect personal information in criminal procedures.Although my country has made corresponding progress in the relevant legislation on personal information protection in criminal law,civil law,and administrative law in recent years,it is difficult to protect personal information in the field of criminal justice due to the lack of directness,effectiveness,and conflicting principles.It is directly applicable in criminal proceedings.Second,big data investigation technology can easily cause "secret" infringements on personal information.In traditional investigations,the illegal investigations of investigative agencies that infringe on individual rights are more concentrated in the interrogation and search procedures.Such infringements are usually traceable,but based on the technical aspects of big data investigations,it is very easy to make the process of using personal information opaque.Cause infringement of the concealment of personal information.Third,the reliance on data deepens the excessive collection of personal information.Adequate collection of information is the basic prerequisite to ensure the maximum utility value of data utilization in big data investigations.In addition,large-scale data monitoring provides a powerful channel for data collection,which deepens the excessive collection of personal information by the investigation department in judicial practice.Fourth,the application of data mining and other technologies has made it more difficult to protect personal information.Data mining technology in big data investigation blurs the boundaries of information,and its deeply intrusive features on personal information make it more difficult to protect personal information.Fifth,data sharing for big data investigation operations has expanded significantly.Although the establishment of a data sharing platform has broken the barriers to information exchange,it has also caused the retrieval procedures of investigative agencies to be emptied.If this happens,it will directly affect the legal and effective use of personal information in criminal investigations.Sixth,the retention of massive data poses risks to personal information.Data retention is an extension of data collection.It is a manifestation of non-standardized databases.The lack of standardized management combined with database security issues can bring risks such as hacker intrusion,network attacks,and data abuse,which is not conducive to personal information protection.The path construction of personal information protection in big data investigation should be classified and protected for different information categories,combined with the arbitrariness and mandatory multiple attributes of big data investigation itself,clarify the data application rules for different investigation stages,and construct data mining We will improve the approval and supervision mechanism for big data investigation operations,standardize the data sharing platform,and improve the management of data retention.