According to the Cyber Security Law of the People's Republic of China, the Criminal Procedure Law and other laws and regulations, when handling criminal cases or major events involving national security and social interests, public security organs can use technical means to obtain relevant data and information legally saved by Internet service providers, including WeChat transfer records. However, when using technical means, we must abide by legal procedures and have legal investigation authority and evidence basis. At the same time, the public security organs also need to inform the respondents of the reasons, scope and time of the investigation according to law, and sign the notice of investigation. It should be noted that the WeChat transfer record belongs to personal privacy information, and the public security organs should protect the legitimate rights and interests of the respondents and other relevant personnel in accordance with the law during the transfer process to ensure that the transfer behavior is legal and compliant. Under normal circumstances, before obtaining the WeChat transfer record, the public security organ needs to be approved by the competent leader of the public security organ at or above the county level, and submit the transfer application to the WeChat provider through formal channels according to law, and sign the letter of commitment and other documents.
If the public security organ violates the law or operates beyond the scope when viewing the WeChat transfer record, how can the parties protect their rights? If the public security organ violates the law or operates beyond the scope when viewing the WeChat transfer records, the parties concerned can defend their rights by applying for administrative reconsideration or bringing a lawsuit to the people's court. At the same time, parties can also complain to WeChat providers to protect their privacy. If the behavior of the public security organ has constituted an illegal act, the parties may also complain and report to the supervisory organ, the discipline inspection department, the competent department at the next higher level of the public security organ and other relevant departments, and demand that the relevant responsible person be held accountable.
Public security organs need to abide by legal provisions and follow legal procedures when viewing WeChat transfer records. When receiving the notice of investigation from the public security organ, the parties concerned shall carefully examine the contents and legal basis of the notice and judge whether the investigation is legal and compliant. When safeguarding their own rights and interests, it is suggested that the parties should consult professional lawyers or legal aid centers and take corresponding rights protection measures according to specific circumstances.
Legal basis:
Article 40 of the Constitution of People's Republic of China (PRC) * * * The freedom and privacy of correspondence of China citizens shall be protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation.