2022 Volume 21 Pages 1-13
This article’s discussion is on the legal issues of automatic data processing for national information gathering during criminal procedures in Japan and Germany. The author deals with each individual case about a role of automatic data processing in Japan and Germany. Japanese’s case is the issue on “specific computer” in Lawful Interception Act, on the other hand, Germany’s one is “electronic tagging” in Criminal Law. To conclude, it becomes clear that automatic data processing in criminal procedures has two important legal functions. One of the functions is improvement of convenience for national government, the other is protecting human rights in criminal procedures. Furthermore, the article shows a systematic framework for thinking a legal evaluation related to the technical methods which have only neutral character essentially.
