| Today,with the rapid development of big data technology and the introduction of the Personal Information Protection Law,the importance of protecting personal information is no longer the same as it was in the past.The attention to personal information in the criminal litigation field has always been relatively weak,less than in the civil and commercial and administrative fields.Due to the special nature of the criminal litigation process,the public security judiciary has a deeper level of interference with citizens’ personal information in the process of fighting crime.The collection of personal information in the criminal litigation process is mandatory,secret and has the characteristics of collecting a large volume of information,resulting in citizens often do not know that their information is analyzed and collected,while the public security judicial organs collect a very large amount of information,and citizens’ information rights cannot be protected.From an international perspective,since citizens’ information rights often involve their privacy and security,personal security and property security,they are considered an important part of human rights.Strengthening the protection of personal information in the field of criminal proceedings can also reduce the risk of personal information being leaked.Analysis of the current criminal procedure law and the relevant judicial interpretation,it is impossible to find detailed provisions for the protection of personal information in the field of criminal proceedings,which can be concluded that the protection of citizens’ personal information in the field of criminal prosecution is weak.In practice,whether big data investigation is technical investigation is not clearly defined,and it is often started before filing,making it impossible to be regulated by the procedural requirements.At the same time,there is no definite restriction on the number of technical investigations,which may also lead to excessive collection of citizens’ personal information.The public security authorities’ big data platform lacks institutional design for information protection,and there are loopholes in its provisions for accessing data from third-party platforms.Individual citizens are often unaware of the process of information use,and when their information rights are violated,their right to redress is not guaranteed.Looking at the international protection of personal information in criminal proceedings,the EU adopted the Personal Data Protection Directive in 2016 to establish principles and systems for the protection of personal information,such as a hierarchical system of information protection and the need to follow the principle of fit for purpose in protecting personal information,while the US specifies that a search warrant should be required to search information related to cell phones.Germany has established the right to self-determination of personal information to protect personal information.The introduction of a system for the protection of personal information in criminal proceedings should conform to certain basic principles,requiring the principle of lawfulness in protecting personal information based on legal provisions,the principle of proportionality in balancing the function of fighting crime with the task of safeguarding human rights,and the principle of differentiation in protecting different subjects of criminal prosecution.At the same time,if the right to protection of personal information is to be introduced into the field of criminal proceedings,it can be introduced as a criminal procedural right,while clearly including the right to be informed and the right to correct and delete the content of the right.It is recommended to establish a differentiated information protection system for criminal suspects,victims and other litigation participants,and to refine the information protection obligations to be undertaken by public security and judicial organs.For example,the nature of big data investigation acts should be regulated and different types of personal information should be protected in a hierarchical manner,and at the same time,the information literacy of public security and judicial personnel should be enhanced by strengthening publicity,and the technical level of judicial information platform should be improved by introducing high-level information technology talents.The protection of citizens’ personal information rights is strengthened through the establishment of a diversified supervision model and the improvement of remedies for the protection of personal information by criminal prosecution subjects. |
