A Study upon the Positioning Technology Applied to the Criminal Law Investigation under the International Human Rights Law

• Main Authors: Cheng, Wen-Yao, 鄭文洮
• Other Authors: Chen, Li-Tong
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/qewpu3

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 107 === In recent years, with the development of integrated circuit and material technology, the communication equipment has become popular, miniaturized and multi-functional. With the evolution of telecommunications technology and equipment, the use of network resources has become increasingly popular and widespread. Therefore, the positioning and tracking device, which originally served as an auxiliary device, has become an indispensable tool for crime detection in various law enforcement agencies around the world. It has been revolutionized from the wave response device to the device used for the global satellite positioning signals and communication equipment positioning. Although the equipment technology is constantly evolving, its ultimate goal remains unchanged, that is, to be aware of the location privacy and geographical location information of the suspect. The term “privacy right” has appeared in the academic papers since the end of the 19th century, but its definition covers a wide range of descriptions. Then, since the term “privacy” is regarded as one of the basic human rights recorded into the UN Human Rights Declaration, this word has appeared in the global and regional human rights conventions. Although Taiwan's constitution fails to explicitly state that privacy is a kind of basic right, the interpretations of constitution by the Chief Justices all regard the privacy as one of the basic rights that should be guaranteed in Article 22 of the Constitution. With the release of the Supreme Court’s 2017 Tai-Shang-Tzu No. 3788 Judgment, it has been clearly established that the use of technology positioning equipment by law enforcement agencies constitutes the intervention in the basic human rights, requiring a clear legal authorization. However, the draft amendment to the Communications Supervision Law proposed by the Ministry of Justice fails to be passed by the Executive Yuan. As a result, this powerful weapon of crime detection cannot be used legally by the domestic law enforcement agencies to combat crime. What is the direction for the domestic legislation? How to balance between the national social welfare and personal privacy? Is there a need to introduce the foreign law? This is the main issue to be discussed in this paper.