Regulations on Arbitrary Retrieval of Individuals'Personal Data in the Preliminary Investigation
With the continuous advancement of electronic information technology,public security organs can retrieve individuals'personal data from network service providers during the preliminary investigation stage,thereby more efficiently obtaining case-related intelligence.In comparison with other measures taken in the preliminary investigation,the practice to retrieve individuals'personal data during preliminary investigation stage has the characteristics of arbitrary data retrieval,which not only shows an expansion trend of investigator's power,but may lead to the phenomenon of quasi-investigation,and is likely to infringe the rights of information subjects and network service providers.How to balance the efficiency of the preliminary investigation and the rule of law has also become a problem.In order to solve these problems,the procedural diversion for personal data retrieval should be regulated and a mechanism should be established to realize"the connection between administrative and criminal procedures".The criminal case filing procedure should be abolished,the retrieval of natural offenders'data can only be carried out in accordance with the Criminal Procedure Law,and administrative retrieval is used to determine whether administrative illegality meets the criminal standard.At the same time,it is imperative to ensure the smooth connection channels of positive and reverse retrieval,construct a power restriction and rights protection mechanism for retrieval behaviors,and establish a data retrieval system primarily based on arbitrary retrieval and meets the requirements of proportionality principle.
preliminary investigationretrieval measuresretrieval of individuals'personal dataobligations of network service providersadministrative law enforcement
NETL
NSTL
万方数据
维普
