Privacy Protection In Technical Investigation In My Country From The Perspective Of Proportionality Principle

The technical and secretive nature of technical investigation measures often makes them quite invasive,and in practice,there are often cases of citizens' privacy rights being violated.So how to effectively use technical investigation measures to punish crime and protect citizens' right to privacy,based on the existing legislation,this paper takes the principle of proportionality of privacy protection in technical investigation as the starting point to explain its necessity,analyze the current situation of privacy protection in technical investigation,find the existing problems,and put forward specific countermeasures.In addition to the introduction and conclusion,this paper is divided into four parts.The first part interprets the relevant concepts and defines the theoretical framework.The rich connotation of the principle of proportionality helps us both to deeply understand the nature of privacy protection in technical investigation measures in China,to discover the problems in technical investigation measures,and to propose countermeasures to overcome the existing problems;therefore,it is necessary to emphasize the principle of proportionality in the protection of privacy in technical investigation in China.The second part analyzes the current situation as well as problems of privacy protection in technical investigation in China with the vision of proportionality principle.When the investigators are tempted by various investigative interests,the imperfect legislation leads to the increased risk of infringement of citizens' privacy rights in practice.Through the analysis of the legislation and the current situation in practice,it is found that the problems mainly lie in: the legislation is too broad in the scope of application of technical investigation;the approval procedure for the initiation of technical investigation is incomplete;the system of handling evidence and materials obtained from technical investigation is imperfect;the lack of sanctioning provisions for the illegal application of technical investigation to infringe on privacy;and the lack of provisions for the protection and relief mechanism of privacy in technical investigation.The third part analyzes the reasons for the problems of privacy protection in technical investigation in China,which are: legislation does not consider balancing the relationship between technical investigation and privacy protection;law enforcement does not adhere to the principle of proportionality;and the imperfection of relevant procedures such as approval and implementation in judicial aspects.The fourth part conducts countermeasures research on the above problems and explores how to strengthen the protection of privacy in technical investigation in China.Its countermeasures mainly include: firmly establish the concept of proportionality principle,improve the legislation of privacy protection in technical investigation in China and improve the protection and remedy mechanism.