EVIDENCE INDICATING CELL PHONE LOCATION OF THE OFFENDERS

Abstract

This article explores the problems on the process of obtaining cell phone location information by State Agency that impact with privacy rights of the offender. Therefore, Thailand should have criminal procedure to acquire cell phone location information, it must consider the appropriateness conditions, the Rechtsstaat and the rule of law. The benefit of crime control must be weighed against human rights, due process. Not only the subpoena is issued with the internal control and external control process but also with necessity and proportionality condition. To increase transparency of the obtaining cell phone location process, State Agency should report the number of the requested subscribers to the public. Cell phone location information are the records that created, processed, collected by the computer system of the mobile operators. The court must consider the reliability of electronic evidence obtained, the accurately processing and recording of computer systems to weighting of evidence. So the mobile operators should provide a certificate the information that the records are created, processed, collected by authenticity and reliability of computer systems.