Framework for the Protection of Digital Human Rights from the Perspective of Criminal Proceedings
This article discusses framework for the protection of digital human rights in the perspective of criminal proceedings,and points out that the current domestic research on the protection of digital human rights pays less attention to the field of criminal proceedings than to constitutional testimony,protection principles and civil field.Therefore,in order to fill the gaps in the protection of digital human rights in the field of criminal proceedings,the article describes the situations in which digital human rights may be infringed upon in criminal proceedings and proposes specific protection measures in terms of the cultural environment,the institutional system and technical measures.In terms of the institutional system,it is recommended that a balance be achieved within the criminal procedure between the technical capabilities of all parties,and that the weaker party be given the right to obtain technical assistance,etc.Outside the criminal proceedings,it is recommended to strengthen the cultivation of legal practitioners'awareness of the protection of digital human rights and to popularize the concept of digital human rights to the public.In terms of technology,it is recommended to adopt advanced detection means to supervise the application of relevant technologies,strictly control the access control mechanism and authority management strategy,and adhere to the principle of minimization,etc.
digital human rightscriminal proceedinghuman rights protectionpersonal information datadigital rights awareness
国家科技期刊平台
NSTL
万方数据
