Abstract:
In the era of big data, the relative balance between crime control and information privacy protection has been broken, and exogenous and endogenous information privacy crises have arisen in the development of big data investigation. The exogenous information privacy crisis is the dilemma of information privacy protection caused by the structural defects in the external legal system regarding big data investigation, including the vague legal orientation of big data investigation and the “involution” of investigation control. The endogenous information privacy crisis is the information privacy problems involved in the action logic and operation law of big data investigation, which include the “openness” in processing personal information data, and the “expansion” of the scope of investigation elements, but can’t be resolved by itself. To realize the information privacy protection from the perspective of big data investigation, it is necessary to clarify the legal orientation of big data investigation, establish progressive review standards, realize the litigation transformation of regulatory procedures, achieve the hierarchical authorization and process supervision of private subjects’ participation in the investigation, and construct the measurement standards for substantive information privacy protection.