英文摘要 |
It is said that an Individual's personality can be deduced from his or her habitual facts which in turn can lead to revelations of one's own preferences. In criminal proceedings, such method leaves a useful trace. From the earliest footprint to contemporary IP address, and mobile phone location data, the idea of "tracking" has not changed and has been constantly evolving. In daily life, individuals use positioning technology, such as GPS as a tool to find a way to meet one's needs of "arriving in a specific place efficiently". Because of passive nature of this type of technology, users of this technological tool are said to be the only knowers. However, it can be argued that the notion of "the thing is being shared" can be considered as "tracking" as the positioning of the equipment can reveal users' locations and determine their whereabouts. With the accumulation of such information or the use of other investigative measures, we can therefore determine matters that we would like to discover. In Germany, the above-mentioned idea has also been noted in order to achieve the purpose of criminal proceedings. From the procedures of the German courts to the European Court of Human Rights, the review mechanism was completed. With the advancement of technology, the original part of the dispute plus the integration of information communication, discussion in this field has been expended. Through the background of this trend of technology, integration in the satellite positioning technology has been greatly examined to ensure the legitimacy of satellite positioning technology for criminal prosecution purposes. This article will systematically introduce the development of German legislation regarding this case with the hopes of providing more cutting-edge thought processes and inspiring insights when considering this issue. |