Safety Risk And Legislative Protection Of Biometric Data

Biometric identification has applied to various kind of fields due to its high accuracy and safety,while brings the risk of data leakage and data abuse,which have negative influence on the privacy and personality rights.Biometric data includes data based on physiological characteristics and data based on behavioral characteristics,which have the characteristic of high risk and easy to identify.Through the process of biometric data,there are some risks such as over-monitoring,infringe of privacy right as well as personal discrimination on data subject.Nowadays it has become an emergent problem to take measures to protect biometric data when enjoying its bonus.The European Union(EU)has made strict laws to prevent biometric data from safety risks.The EU first adopted a decentralized legislative model that stipulates the principled provisions for the processing of biometric data,while allowing member states to develop corresponding biometric data protection rules in their country.Then a rigorous data protection law was developed to protect biometric data as sensitive data,which served as a unified framework for biometric data protection within the EU.In addition,its member countries can also have further restrictions based on the unified framework,which enables multiple protection of biometric data.The United States focuses on the use of biometric data,and the public authority has developed a set of rules to facilitate the collection and sharing of biometric data.In terms of data protection,the US puts the protection of biometric data under the framework of privacy protection.It also applies Safe Harbor mode on the protection of biometric data,combing legislative protection and personal self-discipline,giving greater flexibility to the protection of biometric data.China should learn from European and American legislative experience of combining specific country conditions and market conditions to establish a supporting biometric data protection system.In China,the related legal provisions of biometric data protection are mainly come from the Constitution,Criminal law and Civil law.Up to now,China's biometric data protection system still has problems such as lack of specific protection,difficulties in legal relief,and lack of a unified regulatory body.In order to achieve more effective protection on biometric data and promote the steady development of biometric identification industry,the government should realize the sensitivity of biometric data and apply special protection on it.In addition,we can also learn from some rules of data processing,so as to clarify the specific rights of data subjects and the specific obligations of the data user to resolve the imbalance between them.Furthermore,it is necessary to establish a unified data regulatory agency to guide and supervise the specification of biometric data processing,which ensure that the value of biometric data is enjoyed while providing comprehensive and overall protection.