Conflict and Bridging:Digital Transformation and Legal Response to Criminal Access to Personal Information
Digital technology has been deeply embedded in crime governance,and criminal access to personal information has undergone digital transmutation,with the dataization of the form in which access objects are stored,the complexity of the content carried by access objects,and the generalization of the assistance of online platforms in accessing information that has no bearing on the case.However,the rules of access are still based on the physical space as the governance scenario,and criminal access has been generalized and characterized as arbitrary investigation,with broad procedural regulation and rules favoring authentication.The significant difference between the normative and digital aspects of criminal access to personal information makes the governance of digital criminal access face a triple tension,with criminal access breaking through the attribute of arbitrary investigation,departing from procedural legalism,and insufficiently safeguarding the rights and interests of personal information.In this regard,on the basis of the classification of personal information and the nature of forensic measures,criminal access to personal information should be systematically constructed,and the proportionate construction of procedures should be carried out in terms of the purpose of access,necessity and approval authority,and the right to know and the right to rectification should be introduced to strengthen the protection of personal information rights in access.
data accessclassification and hierarchyright to personal informationrevision of the Criminal Procedure Law
NETL
NSTL
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