| Summary: | 碩士 === 國立臺北大學 === 犯罪學研究所 === 106 === Although the introduction of the “M-Police mobile device” provides convenient real-time information for police agencies in combating crime, it has also resulted in countless law enforcements personnels violating the law in disclosing confidential information. The purpose of this research is to review the different types of disclosure offenses by law enforcements officers of certain positions as well as their affecting factors. Preventative strategies and suggestions will be provided after the completion of this research.
This study has collected 101 Taiwan High Court sentencing reports, concerning 136 law enforcement personnel who have been committed leakage offenses from 2007 to 2017, and conducted descriptive statistic analysis. Results show the different types of leakage offenses in regards to law enforcement positions can be categorized into: Disclosure of pull-over inspections, investigation affairs, personal information, judical investigations, monitoring, internal organization, reporting personnel and other information. Disclosure methods include communication apps, encrypted telephone communications, in-person disclosure, hand-over of information, accepting bribery, engaging in bribery etc. In the integration of relevant offense factors, judgment laws, disclosure method, motive incentives and bribery methods have been used to deduce four crime categories, including “Harboring using position convenience”, “position opportunities”, “Relationship Requests” and “Negligence”. Studies show that disclosure offenses have common properties such as privacy, continuality, planning, group, smart and complications. Methods of offense are sometimes not independent, the process and methods are sometimes intricately connected and relevant to each other. In terms of general assessment of affecting factors, individual factors include: cognition, psychological, motive incentive, will, resolution, personality and family. Internal environmental factors include: long-term errors that become a habit due lack of correction, peer pressure, discipline problems originating from independent culture, toleration for subculture etc. External environment factors include: crime structures, monitoring, opportunity methods etc.
This study recommends providing law enforcement disclosure offence prevention methods through disclosure prevention and corruption prevention measures. Disclosure prevention measures can be divided into:
（1）Legal aspects – Amending communication protection and Control Acts, amending confidential information maintenance regulations when needed.
（2）Management aspects – Enhancing the level and frequency of information auditing, executing appropriate confidential information protection inspection depending on the environment, active implementation of confidential information maintenance.
（3）Technical aspects – Implementing automated electronic data protection system to prevent “government affairs executed outside of the office” thereby resulting in disclosure of personal information, establishment of “Red flag warning system for information inquiry” and “Analysis system for computer record inquiries”.
（4）Educational and training aspects – Enhancing the information security education and promotion, committing to the protection and the promotion of the protection of the confidential information.
In terms of corruption prevention:
（1）Law enforcement individual aspect – Cultivate law enforcement work ethics, overall promotion and using lie detector for preventative measures.
（2）Internal management level aspects – enhancing investigation execution, enforcing the responsibility and authority of management staff, implementing regular personnel rotation, establishing a clear performance evaluation measure, usage of asset declaration measures to reduce crime offense rewards.
（3）External management level aspects – Strict prohibition of inventive spaces, establishment of report channels gambling and sex industry affairs, thereby enhancing crime prevention.
Keywords : Law enforcement, position disclosure offense, confidential information, government confidential information
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