Legal Research On Personal Biometric Information Protection System

The protection of personal biometric information is gaining more and more attention around the world.Western countries such as Europe and the United States have issued a large number of bills and reports to specifically protect them.Although China has also established such information through legislation,it is protected by law,but the relevant norms are not operable,and the practical dilemma is outstanding.the cases or events represented by the "Hangzhou Zoo compulsory collection of consumer face information case" have occurred frequently,and the protection system needs to be fully studied and constructed.In this context,this article conducts a more comprehensive and systematic study of personal biometric information.The core point of this article is that the normative logic for the protection of personal biometric information should change from a private law protection model with freedom as the main value and rights standard to a social law protection model with justice as the main value and rights and obligations standard.And through the personal information social control theory and context justice theory,the personal biometric information protection system is constructed with normative logic and protection boundaries,in order to achieve the unity of substantive justice and formal justice.The innovation of this article lies in the systematic study of personal biometric information from the perspective of jurisprudence with social law as the foothold,and the following five parts are studied through literature research,case analysis,comparative research and historical research:The first part is an overview of the personal biometric information protection system.This part mainly discusses the concept,nature,characteristics of personal biometric information and the meaning of the personal biometric information protection system.It claims that the nature of personal biometric information belongs to the rights and interests protected by law,not rights;with high sensitivity,importance,publicity,non-contact and other characteristics;personal biometric information protection system adopts a broad concept.The second part is the practical dilemma and reason analysis of the traditional protection of personal biometric information.Practical dilemmas mainly include:first,Creep functions such as data mining,stigmatization,social exclusion,digital divide,and anonymity breakthroughs caused by technology applications;second,the rules of informed consent have problems such as functional alienation and weakening of utility,and third due to the modesty of criminal law and the lag of administrative relief,the post-relief model cannot cope with the existing risks,and the difficulty of proving "damage" in the right to request personal information infringement has caused the cost of individual rights protection to be too high.The main reason for the above practical dilemma is that the social foundation shifts from an industrial risk society to an information risk society.The concept of "self-determination and own responsibility" in private law violates justice,and the rational person assumption and information symmetry assumption have been invalidated.The third part is the standard logic of the personal biometric information protection system.This article advocates the transformation from the private law protection model to the social law protection model,reflecting on individualism,emphasizing the social responsibility and the unity of formal justice and substantive justice;by constructing the theory of personal information social control,acknowledging the individual's limited rationality and emphasizing risk prevention and control thought and context protection thought.Strengthen personal control status and give limited control rights to the information subject of personal biometric information,which is reflected in the reconstruction of informed consent rules,the right to delete and the grant of special relief rights;at the same time,construct an obligatory specification for information controllers,requiring information controllers to follow legitimacy obligations,purpose limitation principles,minimum necessary principles for collecting information,transparency and security protection obligations,and clearer and stricter legal responsibilities.Establish a standard system for the protection of personal biometric information through a combination of public and private.The fourth part is the reasonable boundary for the protection of personal biometric information.The delimitation of the information protection boundary is the construction of a system for rational use of information.This article advocates the dynamic boundary delineation based on the context justice theory,and the dynamic standard is judged in two steps.The first step judges whether the use of information exceeds the original purpose limit,and the second step judges whether exceeding the original purpose limit will cause unreasonable risks.And clarify the "legitimate interest exemption" mechanism,which requires that it is only reasonable when the legitimate interest is used as the purpose of processing information;at the same time,it requires the adherence to the limitations of human subject status,case balance principle and proportionality principle in the demarcation of borders;The scenarios for rational use of personalized biometric information are mainly divided into normative scenarios and case scenarios.The fifth part is the specific system construction of personal biometric information protection.Starting from the four aspects of legislation,administration,justice and society and individuals,the legislative technique emphasizes the combination of separate legislation and industry self-regulation and other soft law autonomy,and builds algorithm ethics;in government risk governance,by establishing individuals throughout the life cycle Information protection impact assessment system and localized system for risk prevention and control;in judicial relief,establish personal information civil public interest litigation and criminal public interest litigation;finally emphasize the establishment of personal information protection organizations and other social supervision agencies to prevent power rent-seeking,and through publicity education and other ways to improve citizens'personal information protection awareness.