Discussion the Informational Authority of Police Act through the Concepts of Danger- the Case of Closed-Circuit Television

The research explores how Police Act can apply to the use of modern technological devices such as closed-circuit television (CCTV). On logically, it should clarify the concept of danger in order to understand the strength of the fundamental rights protection. The Police Power Exercise Act which according to the holding and reasoning of Judicial Yuan Interpretation No. 525 adopts the concepts of objective danger and concrete danger. However, at the beginning of legislation were astray and doubts are start emerging from using modern technological devices. In Police Power Exercise Act article 10, paragraph 1 “where crimes occur frequently or they believe crime is reasonably assumed to be likely to occur “only applies to a few cases. Accordingly, this research puts forward suspicion of danger and abstract danger to make it flawless. After clarifies the concepts of danger, then focus on the police authority which contacts with citizens. The CCTV belongs to informational authority which is at odds with behavioral authority; its characteristic is police exercise their power through investigation of information. It is necessary to classify different circumstances, a low degree of fundamental rights intervention called authority of situational crime investigation. Conversely, it’s called authority of individual crime investigation. As regards using CCTV, it’s involves prevent danger and farm of executive power and anti-fraud of judicial power. In conclusion, brings up some proposals of Police Act to accommodate to the development of theories and changed situation.

Project ID:PF10607-0657
External Project ID:MOST106-2410-H182-009