수사기법으로서의 데이터 마이닝에 대한 법적 고찰

Abstract

Data mining technology allows large volumes of data to be exploited for discovering previously unknown, possibly useful information and knowledge. This is due to the improvement in the database technology which has provided large data and our high dependence on internet which results in mass data production. More specifically, data mining is the application of database technology and techniques-such as statistical analysis and modeling -to uncover hidden patterns and subtle relationships in data and to infer rules that enable the prediction of future results. Data mining application plays an important role in various fields. Even the government has been using data mining techniques for various purposes, from attempting to improve service to trying to detect terrorist patterns and activities. Indeed, several departments and agencies are using or planning to use data mining. Efforts to detect criminal activities and patterns are spread out somewhat evenly across agencies. Since 9/11, The U.S. government agency have been eager to experiment with data mining process as a way of nabbing criminals. However, the privacy of personally sensitive information is not respected generally in the process, which creates some legal problems. People have worried about improper data use in data mining process, especially arbitrary invasions of personal privacy by government officials. In this study, the emerging legal issues of data mining are explored and the admissibility of evidence obtained by data mining is presented. It considers the various arguments for privacy concerns relating data mining. If data mining performed without a proper search warrant, the evidence obtained in the process is illegal and may not be used in court? It is not always true. Under certain circumstances, such evidence is admissible in court. Data mining is new type of compulsory execution and in the permissible scope of warrantless search under various circumstances. The existing law governing the warrant process is not suitable for data mining process. So this article also urges legislatures to update statutory rule that govern the warrant process in response to the new challenge of data mining and argues that data mining will trigger the need for a new criminal procedure to regulate its process in criminal investigation.