| 英文摘要 |
The third-party doctrine holds that when people voluntarily hand over their effects or information to a third party, they should bear the risk of the third party transferring the effects or information to others, including the state, and can no longer claim a reasonable expectation of privacy in respect of such effects or information. However, in the age of technology, it is normal for people to hand over their personal information to a third party while using information appliances. If the third-party doctrine is fully implemented, protecting people’s privacy rights may be insufficient. After analysis, this paper holds that because the essence of the third-party doctrine lies in risk allocation, it has legitimacy and is still necessary to exist. This paper also proposes seven evaluation factors to determine whether the third-party doctrine should be applied to investigation measures in the age of technology. |
