The Conflict Between Collecting Fingerprints Forcibly And Protecting Personal Information

The amendment of The Citizen Identity Card Law of the People’s Republic of China stipulated that put fingerprints into the citizen identity card, it is essentially gave the government a new power to possess the information of the personal fingerprints, also limited citizen personal rights. This limitation do not fit the principle of proportionality while the government has to follow when they limit the fundamental right which is stipulated in the constitution. Gave the government the power to possess the information of the personal fingerprints, meanwhile, lack the security assurance of the personal fingerprints information, make the citizens fingerprints information security be a great challenge. The amendment of The Citizen Identity Card Law of the People’s Republic of China, impel the force of state has been expanded, citizen personal rights have been limited, violate the purpose of the constitution that limit the force of state and protect the citizen fundamental right.The citizen Identity Card System which is built on the Household-Registration System determines its function of maintaining social structures is stronger than proving identity, also determines its attribute is tend to urge the obligation of getting and using it forcibly, but not give the choice for citizens. Fingerprint is the biological identification for identifying personal identity, it is closely related with personal information and personality. Once fingerprints were collected as record, no matter it was image or digital coding, it came into being a personal information, and the moment and the way or the place has to be decided by the owner while the information’s going to be collected and used. It is an intrusive and obligated administrative conduct when the fingerprints are forcibly collected to get the citizen identity card, and a powerful conduct of limiting the citizen fundamental right by the force of state, which has to be text by the constitution.Through the "collecting fingerprints forcibly to get the citizen identity card", this paper analysis the conflict between collecting fingerprints forcibly and protecting personal information in two ways which the citizen Identity Card System and the principle of proportionality, and make recommendations to solve it in order to limit the scope of the constitutionality of fingerprint collecting forcibly.