Study On Legal Protective Path Of Biometric Data

Biometric data is a kind of special personal information born from the thriving of modern biometric technology,namely,the biometric system automatically processes the unique human physiological or behavioral characteristics to identify individuals.The concept of biometric data is inseparable from its origin in three aspects: human characteristics,automated processing and the purpose of identifying or verifying individuals.At present,China's Personal Information Protection Law has not yet been promulgated,and the Network Security Law has made it clear that biometric data belongs to personal information,but it has not been given special protection.Other laws and regulations are scattered,fragmented,and not highly enforceable.The formation of biometric data is based on the unique physical characteristics of human body,which makes it have special characteristics and risks.For example,biometric data has the characteristics of permanence,uniqueness and irrevocable change,so once biometric information is leaked or illegally used,the damage consequences are irreversible.Most kinds of biometric data are constantly exposed to public places and collected without the permission of the information subject,which also leads to lower costs of forgery and embezzlement of biometric data,and higher chances of personal identity being fraudulently and fraudulently used;Biometric data can also carry other physiological or pathological information,which makes the information subject fall into the situation of discrimination and exclusion;Moreover,biometric data can be used as key information to associate other personal information,so that people can trace biometric information to a complete personal information database,which leads to the expansion of personal information leakage.In the legislative experience of other countries,the earliest country to make special legislation on biometric data is the United States,which mainly adopts special legislation and industry self-regulation,while the most mature system design is the European Union,which has become the reference of other countries' legislative mode choice.It is interesting that the two countries are at the two poles of regulatory mode:The European Union is more inclined to give individual paternalistic protection and impose a heavy regulatory burden on enterprises,including obtaining prior approval and compliance with various requirements;On the contrary,the United States intentionally does not adopt EU-style data regulation legislation,but formulates specific acts according to specific industries to provide relief rights to individuals against specific threats to personal privacy.Based on the legislative experience of other countries and the actual situation of our country,this paper argues that it is appropriate to incorporate biometric data into the scope of sensitive information and give it special protection.On the basis of combing the existing laws and regulations,this paper analyses the necessity and feasibility of setting up sensitive information.In addition,due to the irreversibility of the consequences of biometric information leakage,the targeted protection measures should be focused on beforehand.Therefore,it is necessary to improve the personal information protection agencies and formulate relevant guidelines.