Theoretical Reflection and Regulatory Path of Criminal Retrieval of Data from Online Platforms
Accessing data from online platforms is a response by public security and judicial authorities to changes in the structure of crime and the characteristics of cases.The institutional basis for data access is scattered in the criminal procedure normative system and digital regulatory legislation in the form of general authorization,and the industry norms issued by large network platforms with the attribute of guidance have enhanced the operability of data access,and formed two modes of direct access based on public-private cooperation and indirect access for data sharing in practice.In practice,two modes of"direct access based on public-private cooperation"and"indirect access oriented to data sharing"have been formed.From the perspective of the relationship between the state and online platforms,it is a rational choice for the public security and judicial authorities to comply with the situation by setting up mandatory data retrieval cooperation obligations for online platforms.This process has led to the rapid expansion of investigative power empowered by technology,and has gradually brought to light the hidden concerns of citizens'information rights behind data access.At the time of the fourth revision of the Criminal Procedure Law,in order to effectively control access measures,access should be added as an independent investigative measure,the sensitivity of information and data should be cascaded to set up start-up approval authority,and the implementation procedures of data access should be improved from the number of access personnel,purposeful restriction of access,and notification obligation of access,and procuratorate should be introduced in due course to act as an external supervisory subject of access to provide effective judicial assistance for data security.Provide effective judicial assistance for data security.
online platformsaccess to evidencecriminal procedure law amendmentdigital investigations
万方数据
维普
