A Study on the Legality of Online Search in Criminal Investigations

Abstract

　　With development of technology investigation measures have rapidly changed and caused our legislation falling far behind evolutionary technologies and modern challenges from human nature By installing Trojan horse software or other similar means government agencies may break into people’s computers or devices capable of connecting to the Internet in order to search and collect evidence This kind of approach as known as “Online Search” infringes upon fundamental rights no less than those that have been used in the past For victims it is difficult to detect and prevent the infringements which seem unrecoverable after Online Search Therefore whether Online Search meets standards of due process as well as requirements in line with our legal system is a paramount prerequisite for investigative agencies to implement If not how should legislation respond to this dilemma? Are procedural mechanisms like judicial reviews and effective remedies ready for people when they are undergoing such infringements while investigation efficiency still taken into account? 　　Although there are no apparent indications for Online Search being implemented in our investigatory or judicial practice we still had better realize that the critical question is no longer “how to do it” but “is it allowed” in view of maturity and flexibility of cutting-edge technologies Therefore we should base on Article 8 of Constitution in which due process of law is manifested and the rule of law to explicate if Online Search is permissible in Taiwan’s legal system

Date of Award	2020
Original language	English
Supervisor	Yun-Tsai Chen (Supervisor)