Contradiction between the Criminal Investigation and the Protection of Personal Information─Focusing on Collecting Measures

• Main Authors: Chang,Yung-Hsun, 張詠勛
• Other Authors: Huang,Jau-Yih
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/df2w8k

碩士 === 東吳大學 === 法律學系 === 103 === The legislators had passed the amendments of Personal Information Protection Act (R.O.C) and The Communication Security and Surveillance Act (R.O.C) separately in May 2010 and Jan 2014. Though the protection of the privacy is getting more rigorous, there are many disputes in the academic community. As Prof. Chang Liching said, “We should review the criterion because that requesting the personal information just like the communications records does not require to apply the court warrants now.” The thesis is trying to figure out the criterion of what kind of personal information should be requested by the court warrants and the legal basis of the collecting measures of personal information. Come to the conclusion that the Personal Information about Freedom of Speech and the Personal Freedom with reasonable expectation of privacy should be protected by the court warrants.And the most appropriate legal basis in The Code of Crimal Procedure is going to be the Article 133II.