| 英文摘要 |
With the rapid advancement of technology, the police often utilize technological assistance, hoping to prevent risk or danger before it happens and to enhance the efficiency of exercising their power. However, the using of technology maybe is stem from the purpose of important public welfare but considering its high interference with people’s fundamental rights, it’s important to find the appropriate balance between freedom and safety under the rule of law principle when the exercise of police power. The German Federal Constitutional Court pronounced a judgment regarding“automated data analysis”in February 16, 2023. The legislation in Land Hesse and Land Hamburg have authorized the police that can base on the purpose of preventing particular criminal acts by processing the data they have already stored along with other internal and external data by using automated systems to analyze and evaluate. The German Federal Constitutional Court held that is unconstitutional because of the violation of the right to informational self-determination of Basic Law. This judgment elaborates on the constitutional conditions and its boundary which should be obeyed when the police exercise their power by using technological assistance, especially the establishment and use of automated data analysis systems. By comparison, although the legal system is not yet complete in Taiwan, but the technique seems tobe chosen first. With the strong promotion of“police technology law enforcement”, it is still fear that the challenge of constitutionality cannot be avoided. Thereupon, the judgment regarding“automated data analysis”should be worth introducing as a reference to the police information legal system in Taiwan. This report aims to introduce the facts, controversies, and reasoning of the judgment, and to explore various aspects, such as the application of the principle of purpose restriction, the requirements for utilizing emerging technologies for automated processing, and the design of corresponding supervisory procedures. To act in concert with the current legal system in Taiwan, preliminary observations and suggestions will be proposed at the end of this report and looking forward to providing reference for further open discussion. |
