On the Legal Regulation of Investigation Agencies Collecting Communication Information in the Digital Era
Although a legal system to regulate the collection of communication information by investigation agencies has been ini-tially established in China,yet it has not been able to respond well to the development trend of the digital age and has many shortcom-ings.In the digital age,diverse forms of communication information carry different legal interests for protection.Legislators should dis-tinguish between these different protection interests,follow the essential characteristics of communication information types,and make proportional and targeted legal regulations.Specifically,China should strengthen legal regulations in the following aspects:firstly,the Criminal Procedure Law should provide special authorization basis for certain new investigative measures to comply with constitutional requirements;Secondly,according to the different types of communication information,legal regulations of corresponding density should be guided by the principle of proportionality;The third is to significantly increase the legal regulatory density of measures to seize mails and telegrams;The fourth is to independently authorize the behavior of viewing the suspect's mobile communication content information;The fifth is to establish corresponding protection mechanisms that meet the requirements of the Personal Information Pro-tection Law.
digital ageinvestigation agenciescommunication informationpersonal informationlegal regulation
万方数据
维普
