“主动型”侦控方案执行中的隐私权关注及应对

Focus on the Privacy Rights of Subject in Law Enforcement according to the Project of Initiative Investigation and Prosecution——Safeguard the Privacy Rights of Subject in the Process of Information Investigation and Prosecution

为增强阵地控制效果,沈阳警方某基层单位将惯偷个人资料予以公示,引发了公众和舆论的争议。增强刑侦基础工作实效、提高侦控方案的预防吓阻功效、传统管人旨趣的手段创新等都可能是警方采取公示做法的行为动因。隐私权作为重要的人权范畴,侦查手段适用中理应兼顾并尊重隐私权,这是"主动型"侦控方案①执行的价值原点之一。在信息化侦查时代,刑侦基础业务创新必须考量人权信息化现象带来的诸多挑战,尊重并保护侦查对象的个人隐私。

The Materials for privacy of thief have been spread in public by police in Shenyang city,which initiated public sentiment sharply. Let＇s analysis the reasons causing this situation,maybe such activity causes as followings： to strive for the substantial results of basic work in the process of criminal investigation,to promote the actual function of preventing criminal cases,and so on. Privacy right as an important human right,it is the rational laws that the privacy right has been valued and protected by investigative methods,which is the one of basic values of initiative investigation and prosecution. So,we should or have to face the challenge of the situation that has been resulting from the information of human right in the time of information investigation and prosecution.