Research On Personal Information Protection In Big Data Investigation

This thesis mainly introduces how to protect citizens’ personal information in the process of using big data means for criminal investigation.With the development and change of the network era,the development of information technology is changing rapidly,bringing technological upgrading and innovation to the field of criminal investigation in China,and the popularization of big data technology has given rise to a new type of big data investigation methods.Big data investigation is different from the traditional way of visiting and investigating,field questioning,etc.It refers to the collection,screening and comparison of massive data information in the Internet,mining the hidden crime pattern behind the information and information on the abnormal activities of high-risk personnel,providing clues and collecting evidence for the investigation.These new data investigation means make the investigation behavior more secretive and efficient.However,in the process of collecting and processing data information,the lack of regulation of big data investigation behavior has resulted in the infringement of citizens’ personal information.The thesis centers on the core discussion of personal information protection in big data investigation.First,the literature research method is utilized to study and refer to the relevant literature materials of scholars at home and abroad to determine the theoretical basis of the article.The legislation and practice related to the protection of personal information in big data investigation in China are organized,as well as the systems of the European Union,the United States and Japan,which are typical countries and regions with different legal systems.The advantages and disadvantages of each country’s system and the feasibility of legal transplantation in China are analyzed through comparative research.Secondly,based on the current practice of personal information protection in the field of investigation,it summarizes the main problems of personal information protection in the field of big data investigation in China at the present stage,including the interference with citizens’ personal information by big data investigation beyond the necessary limit,the non-standardization of the system of handling of big data information by the investigating authorities,and the absence of the relevant judicial review,supervision and relief system,and so on.Analyzing and exploring the reasons for such problems,they mainly include the confrontation between the public power attribute of investigative behavior and the private right attribute of citizens’ personal information,and the unclear limit between the degree of confidentiality of investigation and the citizens’ right to know.Finally,the outstanding problems in China’s practice are used as the guide to explore the path to improve the protection of personal information in big data investigation.Taking the two main bodies of the investigating authorities and the legal and prosecuting authorities as the entry point,relevant suggestions are made from the regulation of the behavior of the investigating authorities,the establishment of a standardized big data investigation procedure,and the construction of a standardized review and supervision relief procedure;strengthening the supervision of the whole process of the information collection within the investigating authorities,reinforcing the judicial supervision function of the prosecuting authorities,establishing the multi-dimensional supervision system in which external supervision of the Procuratorate and internal supervision of the investigating authorities coexist,activating the evidence review capacity,as well as strengthening the relief for infringement of citizens’ personal information rights and improving the corresponding graded compensation system,so as to put forward new ideas and concepts for the improvement of the protection of personal information in the investigation of big data.