Research On Personal Information Protection In Big Data Investigation

In the era of big data,personal information has shown extraordinary value.Whether it is for individuals,society,or the country,personal information has become an important resource,and the mastery of personal information is closely related to whether it can occupy an advantage in the corresponding competition.The field of civil private law has had an early understanding of this,and corresponding protective measures have been stipulated in the Civil Code of the People’s Republic of China and the Personal Information Protection Law.In the field of criminal litigation,the widespread application of big data investigation not only promotes criminal investigation work and improves investigation efficiency,but also brings challenges to personal information protection.However,big data investigation lacks corresponding personal information protection mechanisms.On the basis of analyzing the basic concepts of personal information,this article deeply analyzes the practical obstacles of big data investigation in China,and takes into account the relevant regulations on personal information protection in foreign big data investigation,constructing a personal information protection mechanism in big data investigation that is in line with China’s national conditions.Specifically,the basic concepts of personal information,protection of personal information,and protection of personal information in big data investigation should be clarified first.The second is to explore the barriers to personal information protection in big data investigation in China,which is mainly manifested in the lack of information subject rights in big data investigation,such as the lack of personal information rights and relief rights.There are panoramic monitoring risks and risks of information sharing out of control in the process of information flow.Big data investigation cannot be relied on and compulsory investigation measures precede the implementation of case filing,making the investigation power significantly expanded,And the lack of external supervision caused by weak court supervision and the lack of specialized institutions for personal information protection.Based on the early development of information technology in European and American countries and the improvement of personal information protection laws and regulations,we can draw on their beneficial experience in personal information protection in big data investigation to address the challenges faced by China in personal information protection.Finally,we should improve the personal information protection mechanism in China’s big data investigation.In big data investigation,we should introduce personal information related rights and improve relief rights,strengthen information classification and improve the personal information sharing mechanism,use the principle of proportionality to improve the legal provisions of big data investigation and strengthen procedural regulations,establish a specialized agency for personal information protection,and strengthen the application of the rule of excluding illegal evidence in courts,Thus,personal information can be properly protected in big data investigation,achieving the unity of punishing crimes and safeguarding human rights goals.