A Research on the Regulation on Police Surveillance and Tailing
Date Issued
2007
Date
2007
Author(s)
Wu, Erh-Wen
DOI
zh-TW
Abstract
The police have conducted surveillance and tailing to collect personal information for decades. The issue that police surveillance and tailing would encroach on human rights was ignored until the enactment of the Police Duties Enforcement Act (hereinafter the Act) on June 25, 2002. Art. 11 of the Act stipulate the requirements of administrative police surveillance and tailing for the purpose of criminal prevention. As to the police surveillance and tailing for the purpose of criminal investigation, there has been no statue regulating this field yet. Because police surveillance and tailing are conducted covertly without people’s consent, it is likely to encroach on the right to privacy, the freedom of movement, the right to self-determination on personal information and human dignity. With the use of modern technology such as GPS, police surveillance and tailing can track the target precisely and therefore cause severe encroachment on human rights. According to the principle of rule of law, police surveillance and tailing should be regulated, abide by the principle of proportionality and even writ just as other state measures which influences human rights. After researching and taking the court rulings and statues of Japan, United States and Germany as reference, the draft article of police surveillance and tailing in criminal investigation is advanced in this thesis so as to suffice the legal system of police authority in Taiwan.
Subjects
警察職權行使法
跟蹤
監視
隱私
行動自由
犯罪偵查
the Police Duties Enforcement Act
tailing
surveillance
collect information
privacy
the freedom of movement
criminal investigation.
SDGs
Type
thesis