The Conflict and Countermeasures of Privacy Protection in Criminal Electronic Forensics

摘要

With the advent and popularization of computers, network technology, digital technology and smart phones since the 20th century. Electronic data plays an increasingly important role in judicial proof activities all over the world. So far, a new proposition “electronic evidence era” has been put forward. On this basis, the civil law is not enough to provide comprehensive protection for the right of privacy, and the academia began to study the constitutional protection of the right of privacy. There is no place where the right of privacy needs to be protected by the constitution more than the stage of criminal investigation, that is, the stage where public power and private rights are most likely to conflict. In view of the particularity of electronic data that the traditional types of evidence do not have, the search and seizure of electronic data is more likely to infringe on citizens' privacy. Therefore, it is particularly important to study the protection of privacy in electronic data search and seizure.