互联网与云计算的发展使网络服务提供商掌握了大量客户个人信息,这些信息通常在网络犯罪侦查过程中成为证据或重大线索。要在保障个人隐私与促进网络犯罪侦查之间寻求平衡,立法在设置侦查过程中网络服务提供商信息披露义务时需要借助比例原则,对侦查手段的必要性、合目的性及对隐私权的侵害最小化进行审查。通过参考《网络犯罪公约》成员国近年来的立法与司法实践,可以看出比例原则的运用体现在实体和程序两个层面,实体上需要以隐私权受侵害程度为标准,对信息披露义务涉及的数据进行分类;程序上则需要以数据分类为基础,在数据存留和披露两个层面对个人权益设置相应的程序性保障。 The advent of the Internet and cloud computing has given ISPs access to a large amount of customer personal information, which is often used as evidence or a key clue in cybercrime investigations. In order to strike a balance between safeguarding individual privacy and promoting the investigation of cybercrime, legislation needs to be based on the principle of proportionality, the necessity of investigation, the purposefulness and the right of privacy in setting up the obligation of information disclosure of cyber service providers during the investigation Minimize review. By referring to the legislation and judicial practice of the member states of the “Convention on Cybercrime” in recent years, we can see that the application of the principle of proportionality is embodied in the two levels of entities and procedures. The entity needs to take the degree of privacy infringement as the standard and the obligation of information disclosure Of the data classification; the program will need to be based on data classification, data retention and disclosure of the two levels of the rights and interests of individuals set the appropriate procedural safeguards.