Surveillance-type technical investigations refer to measures such as record monitoring,whereabouts monitoring,communications monitoring and premises monitoring carried out by the departments of the public security organs responsible for technical investigations at or above the level of a city with districts,and are one of the focuses of the current revision of the Criminal Procedure Law.Surveillance-type technical investigations must simultaneously satisfy the three main characteristics of secrecy,technology and real-time,in order to be distinguished from access,network remote investigation and big data investigation.Surveillance-type technical investigations shall be expanded in scope in terms of both subject and object.In the process of this amendment,the title of Chapter 2,Section 8 of the Criminal Procedure Law should be amended to'Covert Investigative Measures',clarifying the connotation of surveillance-type technical investigations,and clarifying their extension through judicial interpretations and guiding cases.In terms of procedural regulation,it should be stipulated that network service providers are the subjects of surveillance-type technical investigations,and that non-content information is the object,and judicial control of such investigative measures should be strengthened.In the area of data regulation,the normative connection between the Criminal Procedure Law and the Personal Information Protection Law should be strengthened,so as to protect the rights and interests of personal information in technical investigations and fulfil the personal information protection obligations of State organs.
re-amendment of the criminal procedure lawtechnological investigationsurveillancereal time
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