Abstract:

From the perspective of investigation, the constitutional right of personal information controlled by the platforms is related to whether the relevant information should be protected and whether the corresponding means of obtaining evidence are compulsory measures. The third-party doctrine as presented in American jurisprudence provides a perspective for interpretation. The theoretical bases of this principle include that citizens do not have a rights basis to claim privacy expectations for information stored by a third party and bear the risk of transmitting information to that third party. However, the third-party doctrine has not been applied to personal information under the control of the platforms, as the connection between the information subject and the personal information has not been cut off in the process of information flow. Combined with the panoramic and localized reflection on the third-party principle, the basic structure of the constitutional right of personal information under the control of the platforms can be obtained. The personal right of the information subject to their personal information should be the core, which involves the rights based on privacy, personal information interests, communication of secrets, and other rights. For the platforms, the intervention caused by relevant data retrieval measures focuses on the platforms' operational freedom, including the derogation of personal information protection obligations and the provision of assistance in data retrieval obligations. This allows the platforms to actively resist the requests of law enforcement agencies, constituting the outer core of personal information protection.

Key words: Third-Party doctrine, the Platform, information controller, protection of personal Information, multipolar compulsory measures