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A Study on Data Collection and Utilization in Investigation Procedures

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(1), pp.527-548
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : February 7, 2023
  • Accepted : February 25, 2023
  • Published : February 28, 2023

KIM,YEONHEE 1 Kwon Yangsub 2

1군산대학교 법학연구소
2군산대학교

Accredited

ABSTRACT

A lot of data is being collected during the investigation process. Among the data, there may be data including personal information. The collection of data containing personal information has a strong nature of compulsory disposition as it accompanies the violation of constitutional fundamental rights. In this paper, we looked at the types of data that can be used in investigation procedures and trends in their use. We analyzed the benefits and possibilities of using data in the investigative process. As a type of data that can be used in investigation procedures, there are public data that are disclosed to the general public by government agencies. Information that is open on the Internet and big data are classified, and the usage trend of each data is examined. The advantage of using data in the investigation process is that it can confirm the presence or absence of criminal charges. The point is that the suspect can be identified and the unrelated person excluded. It is through the collection of evidence that the substantive truth can be discovered. Public data provided by the government to the private sector can also be used as meaningful data in the investigation process. In order to collect and utilize data in investigation procedures, first, principles and standards for data collection in investigation procedures must be established. Second, it is necessary to establish the legal nature of data collection and analysis. Third, it is necessary to prepare measures to minimize infringement of personal information. Lastly, it is necessary to secure the evidential ability of evidence by preparing data collection and analysis environment.

Citation status

* References for papers published after 2023 are currently being built.