Big data criminal investigation refers to the investigative behaviour of investigative agencies in collecting and analysing massive data stored in networks and computer systems through information technology,so as to discover criminal clues,evidence information or criminal suspects.Unlike traditional investigation,big data criminal investigation is often used to collect clues before filing a case,and achieve more effective crime prevention and crackdown through the integration of'intelligence-investigation',which also circumvents to a considerable extent the legality review mechanism for investigative acts constructed in criminal proceedings,leading to the failure of the traditional procedural sanction mode,and exposing citizens'personal information to great danger.This also circumvents to a considerable extent the mechanism for reviewing the legality of investigative acts established in criminal proceedings,leading to the failure of the traditional procedural sanctions,and exposing citizens'personal information to great threats.In order to overcome this shortcoming,the mode of substantive sanction should be introduced,the new fundamental right of information self-determination should be established in the Constitution,and the principles of legal reservation,proportionality and core area protection should be accurately understood and applied,so as to realise the effective regulation of big data investigation.
big data investigationinformation self-determinationentity sanctionlegal reservationprinciple of proportionalityprinciple of protection of core areas
万方数据
维普
