Legal issues and technological developments in technology-based criminal investigation
【Preface】
The rapid development of science and technology has had a huge impact on criminal investigations. From digital forensics and big data analysis to facial recognition and virtual reality reproduction, emerging technologies provide powerful tools and means for criminal investigation. However, the application of these technologies also raises a series of legal issues, including challenges to personal privacy, legality of evidence, and abuse of power.
1. Legal issues
1.1 Personal Privacy Rights
The widespread use of technological tools may involve the collection and use of large amounts of personal data. How to balance personal privacy with the need to combat crime in the process of scientific and technological criminal investigation is an important legal issue. Relevant legislative and regulatory measures need to ensure that individuals' privacy is adequately protected.
1.2 Legality of Evidence
Whether the evidence obtained by scientific and technological means in criminal investigations, such as digital evidence, network data, video surveillance, etc., meets the legal requirements, as well as its reliability and credibility, is another important legal issue. The legal system needs to ensure that evidence obtained by scientific and technological means has full legal force in court.
1.3 Data Security and Protection
With the widespread use of technological tools and the increasing amount of data involved, data security and protection have become a key issue. How to ensure that the data involved in scientific and technological criminal investigation is not illegally obtained, misused or leaked, it is necessary to strengthen relevant legal protection and technical means.
Second, technological development
2.1 Digital Forensics
Digital forensics technology has become an integral part of criminal investigations. Through the acquisition and analysis of electronic devices, computers and network data, important evidence can be provided for criminal investigations. However, the continuous development of digital forensics technology also brings challenges such as large data volume, high complexity, and privacy concerns.
2.2 Artificial intelligence and big data analysis
The application of artificial intelligence and big data analysis technology has brought unprecedented opportunities for criminal investigation. Through intelligent algorithms and data mining techniques, large amounts of data can be quickly analyzed to discover hidden patterns and clues. However, it also raises issues such as algorithmic bias, data privacy, and data security.
2.3 Biometrics
Biometric technologies, such as fingerprint recognition, iris recognition and voiceprint recognition, have been widely used in identity verification and suspect identification in criminal investigations. The development of these technologies has provided more precise and reliable means of identification, but has also raised concerns about personal privacy and misuse.
Third, the solution path:
3.1 Strengthen laws, regulations and supervision
In view of the legal issues in scientific and technological criminal investigation, it is necessary to formulate and improve relevant laws and regulations, and clarify the rights, responsibilities and procedures. At the same time, strengthen the supervision of scientific and technological criminal investigation to ensure legality and compliance.
3.2 Strengthen privacy protection and data security
Privacy protection and data security are issues that cannot be ignored in the criminal investigation of science and technology. Institutions and businesses need to strengthen data protection measures to ensure data security and privacy. At the same time, relevant laws should provide clear privacy protection standards and norms.
3.3 Increase technical ethics and moral considerations
In the criminal investigation of science and technology, it is necessary to introduce technical ethics and moral considerations. Technology developers and adopters should follow ethical guidelines to ensure the fair and responsible use of technology tools.
Author's opinion:
The development of technology-based criminal investigation has brought a range of legal issues and technical challenges. By strengthening laws, regulations and supervision, strengthening privacy protection and data security, and increasing technical ethics and moral considerations, it is possible to achieve a balance between law and technology in scientific and technological criminal investigations, ensure fairness and legality, and ensure that the application of science and technology meets the requirements of society and the rule of law. Only within the framework of the cooperation of law and technology can scientific and technological criminal investigation better play a role in social security and justice.
Bibliography:
[1] Legal control of big data investigation. CHENG Lei. Social Sciences in China, 2018
[2] The conflict between personal information big data and criminal due process and its reconciliation. PEI Wei. Journal of Legal Research, 2018
[3] Analysis of the impact of informatization on China's crime rate. JIA Jidong; Lei Zhichun; RAO Yingxue. Management World, 2016
