The Legal Protection Of Fingerprints Information In Applying For The Resident Identification Card

Fingerprint information as a kind of personal information,concerning with the dignity and equality of personality,which bears the personality interests that should be protected by law.The right of information is a kind of independent specific personality right,that means this right could be exercised actively by citizens,as well as should be positive protected by the organs of authorities.As a necessary documentary evidence of identify of citizen,whether people get resident identification card or not directly influence the enjoyment and practice of individual right in real life.Nation should attach a importance into the protection of civil fingerprints information and carry out the register work of fingerprint information by way that can insure the correctness and security of information when government need to collect largely civil fingerprint information for the specific public interest and establish storage databases in case of necessity.Meanwhile,the indispensable precautionary measure of organization and procedure of the record that collected civil information should be taken,in order to guarantee the right of personal information and dignity of personality away from infringement.It is significant that find a balance between information protection and utilization of personal information,between safeguard of fingerprint information and identification of citizens as well as.Only in this way,the perfect state that civil right of dignity and personal information be protected effectively and rational utilization based on information security be regulated adequately will be realized.On the whole,this thesis is composed of five sections.Part one is a introductory paragraph,mainly pose the real question raised from the requirement that citizens have a duty to register fingerprint information when one apply for a resident identification card,which stated in “law of citizen's identification card”.Meanwhile,there is a statement of dignity interest of fingerprint,a situation and function of system of resident identification card in our country.Part two is the basic category of the legal protection for register fingerprint information when applying for resident identification card,mainly including three parts: Firstly,from the perspective of ontology of fingerprint,defining that fingerprint information with character of sensibility and biological identifiability belongs to personal information.Secondly,discriminating from theoretical basis of protection of fingerprint information,concerning with the personal dignity in constitution level and the right of personal information belonged to a new type of personality right in civil law level.Lastly,sort out the problems in registering fingerprint information when people apply for resident identification card,mainly including the infringement of civil personality dignity and right of dignity,and the violation of principle of proportionality.The third part is the overseas investigation of legal protection of fingerprint information in applying for resident identification card.By a way that introduce the attitude and measures of fingerprint information protection about resident identification card in Singapore,Japan,American,Germany,Hong Kong,Taiwan.In order to provide beneficial suggestions for the legal practice in our country.Part four is the way of perfecting the legal protection of fingerprint information in applying for the resident identification card.Under the macroscopic background that the law of personal information isn't issued so far,three aspects should be underline to solve the problem existed in civil fingerprint information of protection.Firstly,the idea that personal sensitive information and biological identifiability information need special protection should be established.Then,enforcement regulation of register fingerprint information when apply for resident identification card should be enacted.Lastly,the supervision department of personal information protection should be appointed in our country.Part five is the conclusion,including a summary of the paper 's text content,and a expectation that realize a balance between protection of civil fingerprint information and application of resident identification card,and a balance between protection of personal information and utilization of information.At the end of this paper,there is a encouragement that a benign interaction be formed between country and individual.