Various new technologies with data as raw materials develop rapidly,Both people enjoy the endless convenience of high -speed communication,It also brought the problem of urgency of data security。The risk of data being treated illegally is everywhere,Give National Security、Public interest and the legitimate rights and interests of citizens have brought serious threats,Make data security protection a one of the most important issues in the digital era。
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Organic composition part of social life,Criminal proceedings also actively or passively digitally transformed in the tide of the times。The technical means of criminals are continuously upgraded,Make traditional crime control methods stretched when facing new crimes,The use of new technologies to crack down crimes, so it becomes necessary。other,With the increase in the number of criminal cases in recent years,Public Prosecution Law Organ is facing huge pressure on case handling,To improve the efficiency of litigation through digital reform,It is also an important cause of new technologies in the field of criminal lawsuits。However, whether it is the use of network technology in the field of criminal proceedings、Blockchain technology or artificial intelligence technology,These new technologies always use data as the basic raw material。From this sense,Data has become the basic motivation to drive digital transformation of criminal proceedings。
Like other fields,Large -scale processing of data in criminal proceedings,Although it can improve the efficiency of case bet365 live casino games handling,But it will also bring huge risks in data security。On the one hand,Data collected and stored in the criminal case handling department are tampered with、Destruction、Leak or illegally obtain、Possibilities for illegal use。Once this happens,will lead to the secret leak of criminal proceedings、The process of criminal proceedings is disturbed、Personal safety encountering risks of personal safety,It may even further bring hidden dangers in national security。On the other hand,Data processing behavior of the criminal case handling department may also cause infringement on the legitimate rights of citizens。In practice,Investigation、Prosecution、Trial,Public inspection law organ collects a large amount of citizen data,and use these data as criminal evidence。But whether these data are collected in a legally way、Whether the follow -up process is based on the law,It is related to the basic rights of citizens,Once you are not careful, you will be included in the prosecutor、The victim、Privacy of lawsuit participants or other citizens, including witnesses、Property and personal safety brings threats。
Prerequisite for protecting data security: data classification classification
In the field of criminal litigation,Since there is a realistic risk of data security,So there is an urgent need to strengthen data security protection,The basic premise of this move is to classify the necessary classification and classification of data。Category classification is a classification of data to classify,"Rebelling its heavily、Light its light ",Take targeted protection measures for different types of data,Avoid one -size -fits -all and average force。In fact,Data classification is based on "attributes",That is, according to bet365 best casino games the content of the data、Source、Features、Function and other attributes are divided horizontally; while the data grading is based on "consequences",That is, the size of the legal benefits carried by it,and the severity of the consequences that may be caused by illegally handling the vertical division。
Data classification in the field of criminal litigation,Can be divided into two types: judicial data and personal data。The former refers to the data generated by the performance of the case in the case,The latter refers to the natural or legal person data that is often used as evidence。Under the framework of judicial data and personal data,You can also further subdivide the two。Different from the main body of the data and its business scope,Judicial data can be divided into public security data、Procuratorate、Judgment data and other data,or file data、Prosecution data、Judgment Data、execute data, etc.,The security protection measures of the above -mentioned data are different due to the different requirements of confidentiality.。Under personal data items,Different methods of collecting data,Can be divided into a secret data、Data obtained publicly and data obtained by Classics,According to different content, it can be divided into identity data and behavior data,Different types of personal data should have different review methods when used as evidence。
Data grading in the field of criminal litigation,You can refer to Article 21 of the Data Security Law,Divided into national core data、three levels of important data and general data。National core data,It is related to national security、National Economic Life pulse、Important people's livelihood、Data from major public interests, etc.; in criminal proceedings,bet365 best casino games Involved in endangering national security crimes、Harmful crime of public safety、Harmful national defense interests、When the soldiers violate the crime of duties and other duties,,National core data may appear in all of them。Important data,Once illegally used, it will be on national interests、Public interests and the data of the legitimate rights and interests of citizens have a significant impact; in criminal proceedings,There are important data regardless of judicial data or the classification of personal data,For example, the processing data and judicial administrative management data、Sensitive personal data, etc.。General data,refers to outside the national core data and important data,Learning legal benefits is relatively small、Data with relatively not serious consequences of illegal treatment。In the field of criminal litigation,According to the grading of data,For the national core data, we should take the most stringent security protection measures,Security protection measures for important data,The weakest security measures for general data。
Full process protection data security
First,Before data processing,Especially for national core data and important data,It should be necessary for approval and risk assessment。Its purpose is to predict the security risks that the specific data processing behavior may bring,And this decide whether to allow the implementation of this behavior。In criminal proceedings,The approval of data processing has long been based on,If the Supreme People's Court、Supreme People's Procuratorate、The Ministry of Public Security's "Regulations on the Collection of Criminal Cases Collection, Extraction, Certiring Several Issues of Electronic Data" requires the four types of situations bet365 Play online games that require frozen electronic data to be approved; Article 33 stipulates that the use of technical investigation measures to collect electronic data,The approval procedures should be handled strictly in accordance with relevant regulations。In the scenario of international criminal judicial assistance,Criminal data outbound also needs to conduct security assessment,To achieve a balance between national security and international judicial assistance,and take into account data security and data flow。
Next,During the process of data processing,A effective safety warning and monitoring mechanism should be established。In the field of criminal litigation,Data security early warning and monitoring responsibilities,It should be borne by the public prosecution law agency as the main data processor,Specific three aspects, especially important。1 is to limit the permissions of data access and processing,For example, the case handling agency shall set up pre -authorization、illegal visit to the police and other mechanisms,Prevent data access and processing of unpredation,Avoid the emergence of illegal incidents such as "Auxiliary Police Certificate Number"。Second, record and supervise the full process of data processing。This record can be performed by key nodes logs,You can also refer to the provisions of the Ministry of Public Security's "Rules for Electronic Data Requesting Criminal Cases of Criminal Cases",Video、Take pictures、The method of intercepting the computer screen content is performed,to provide a basis for supervision。Third is to set the data security inspection mechanism。Public Prosecution Law Organization Platform or System,It should be combined with regular and irregularly、Fit data security inspection in a combination of automation and manual,Timely found bet365 Play online games safety vulnerabilities、Preventing safety risks。Of course,If the technical force of this department is not enough to complete data security inspection,You can also use the judicial assistance function to outsourcing,provided related technical support from third -party institutions such as technology companies。
Last,Once the data security event occurs,Should be reported and disposal in time。This is to reduce the loss caused by data security incidents as much as possible。As a necessary means of "complementing the dead sheep",Laws and regulations related to data security protection,Including the "Data Security Law" in my country,There are regulations in this regard。In the field of criminal litigation,Once the data security event occurs,It may affect the process Bet365 app download of criminal proceedings,Personal safety of case handling and citizens even threatened by national security,Therefore, the public prosecution law organs of the data processor should report to the competent authority of data security as soon as possible,and inform relevant citizens when necessary,Take corresponding safety protection measures。other,Public inspection law organs should also perform emergency response in time according to the existing emergency response plans,For example, dating data processing behavior、Close the data processing system、Maintenance or replacement equipment、Checking and killing virus,To prevent further expansion of data security risk as much as possible。
In short,Criminal proceedings in the digital era will inevitably bring data security risks。But as long as you pay full attention to this risk,Implementing a good data classification grading system,and take specific measures for the above data security protection,It can ensure data security in the field Bet365 app download of criminal proceedings,and form a good situation of digital transformation and security of criminal lawsuits and security guarantees,Therefore, the quality and efficiency of criminal case handling。
(The author is a professor at the School of Law of Beijing University of Foreign Languages)
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