Abstract: The rapid developments in big data have become a major force in global issues. Big data investigations emerged as a new repertoire of investigative methods, reflecting the trade-off of privacy for security and that of rights for information in criminal justice systems. These investigations reveal the stagnation of the traditional legal framework; specifically, their ambiguous legal nature, the limited distinction between data and metadata, and the vacuity of regulation in preliminary investigations. As we need to examine the depth and breadth of their intervention in civil rights, necessary legal control must be administered on big data investigations in order to contain their risks. A dual approach encompassing the norms of investigations and data is recommended, which selectively incorporates the traditional framework of legality and proportionality while utilizing other legal principles and mechanisms in personal information and data protection.

Key words: Big Data, Big Data Investigations, Data Mining, Personal Information, Technical Investigation Measures

Editor: SU Yuyao