Big Data Surveillance by Third Party-The Constitutionality and Normative Analysis of Personal Data Collection by the Investigative Agency and the Prosecutor

Project Details

Description

Our modern society is a big data society. Big data brings to society not only the benefits of more efficient analysis, and by extension, a better understanding of today’s most pressing issues, but also revolutionizes the means and efficacy of criminal investigation. Law enforcement officials now have at their disposal high-tech investigation skills that allow them to collect and investigate digital data, especially those data transmitted, collected, and stored by third parties, e.g. service providers. These data usually hold the characteristic of revealing capacities, connectivity, and long-term continuity, which reveals a great deal of personal information and the private details of any person. Thusly, this kind of data collection, accumulation and analysis may be used and analyzed for the purpose of criminal investigation, and may lead to the question of infringement of the privacy of an individual. Under this contextual analysis, how should we analyze law enforcement data collection and analysis for the purpose of criminal investigation of any individual or suspect. Would it constitute a Fourth Amendment search and be subject to the warrant requirement? Does this kind of government action violate an individual’s constitutional rights and require a review by a neutral magistrate or judge? How do we approach these problems and address the above issues in both the United States and Taiwan? In the context of Taiwanese Constitution and law, how we analyze and address these issues and how we construct the new laws are the very questions we are facing in the near future. This research aims to address the issues presented here and present a normative analysis for the future legal construction and promulgation of new types of ideas in law enforcement.
StatusFinished
Effective start/end date1/08/2031/07/21

UN Sustainable Development Goals

In 2015, UN member states agreed to 17 global Sustainable Development Goals (SDGs) to end poverty, protect the planet and ensure prosperity for all. This project contributes towards the following SDG(s):

  • SDG 12 - Responsible Consumption and Production
  • SDG 13 - Climate Action
  • SDG 17 - Partnerships for the Goals

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