Restriction, Conformity and Independence: On the Principles of Data Processing in Criminal Procedures

Personal Information Protection Law of the People's Republic of China draws on the relevant content of the General Data Protection Regulation (GDPR) in terms of principles concerning the processing of personal information, but it does not establish the norms similar to the European Union's criminal justice directives in the field of criminal procedures. The principles of processing ordinary data cannot be applied directly to criminal procedures. Considering the particularity of criminal proceedings, the principles of lawfulness, legitimacy, necessity, as well as the principles of safeguarding safety and quality are compatible with criminal procedures in comparison with the naturally limited principles of openness and transparency, the principle of storage limitation and the principle of informed consent. Furthermore, the principles of purpose limitation, data minimization and accuracy of data processing can play a key and independent role in criminal procedures.