Research On The Protection Of The Rights Of The Accused In The Big Data Investigation

In the information age,information technology such as big data has promoted the transformation of criminal investigation model and the big data investigation model emerges.The practice of big data technology in the field of criminal investigation mainly focuses on the detection of criminal cases and the prediction of police affairs.Big data investigation has achieved the effect of fighting crime and social governance,and at the same time,it also brings the risk of infringing on the rights of the prosecutor,which is manifested in the infringement of the prosecutor's personal information rights,the right to know,and the right to defense.Big data investigation involves the collection and use of personal data.However,the investigative agency lacks corresponding regulations on the use of metadata and thirdparty data.Therefore,by introducing the principle of proportionality and the principle of legality of purpose to regulate the data collection and use behavior of investigative agencies can protect the defendant's personal information right.Big data investigation expands the connotation of the right to know.However,the lack of the obligation of the investigative agency to inform and the opaqueness of the big data decision-making mechanism,the construction of a data and algorithm disclosure system can guarantee the defendant's right to know.Big data investigation has exacerbated the difference in strength between the prosecution and the defense.There is a gap in data collection and analysis capabilities between the prosecution and the defense.Therefore,through constructing the defense's data retrieval mechanism and optimizing the system of expert assistant,the defendant's right to defense can be guaranteed.