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Cheng Lei: Legal Control of Big Data Analytics in Investigations

Cheng Lei: Legal Control of Big Data Analytics in Investigations


Associate Professor Cheng Lei recently published Legal Control of Big Data Analytics in Investigations on the leading academic journal, China Social Science, Volume 11, 2018.

Here is the abstract:


Abstract: The rapid developments in big data have become a major driving force in the contemporary world. Big data investigations emerged as a new repertoire of investigative methods, reflecting the trade-off between privacy and security and the balance between information and rights in criminal justice systems. These investigations reveal the stagnation of the orthodox legal framework. Specifically, their legal nature is ambiguous, the distinction between data content and metadata is insufficient, and in the stage of preliminary investigations there is a legal gap regulating the power of investigation in using big data analytics. As we need to examine the depth and breadth of their intervention with fundamental rights, there should be certain legal controls on big data analytics in investigations in order to contain their risks. This article recommends a dual approach encompassing the norms regulating investigations and norms regulating data, which incorporates the principles of legality and proportionality as the framework while utilizing other legal principles and mechanisms in personal information and data protection.


Key words: Big Data, Big Data Investigations, Data Mining, Personal Information, Technical Investigation Measures


For further information, please refer to the full text here (in Chinese)

程雷:大数据侦查的法律控制.pdf


Editor: SU Yuyao, Hu Liewen, Liu Yang

 
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