On Legal Protection Of Personal Identification Information

Personal biometric technology is widely used because of its accuracy and convenience.At the same time,personal biometric information in the collection,storage,use and circulation of the personal stage there are risks of leakage and abuse.Personal biometric information has the characteristics of uniqueness,stability and durability.Once the information is damaged in the application process,the consequences will be significant and irreversible.How to protect personal biometric information while enjoying the convenience brought by personal biometric technology is our current concern.At present,the protection of personal biometric information is mainly stipulated in the general protection of personal information.With the development of modern economy and the progress of biometrics technology,the legal protection of personal biometrics cannot keep pace with the development in the commercial field.The existing laws and judicial interpretations in China stipulate identity information,personal information and biological gene information,which lays a legal foundation for the formal establishment of legal protection of personal biometric information.Legal issues that may arise in the collection and use of personal biometric information.The EU is mainly a model of comprehensive legislative protection,which stipulates the provisions of principle on biometric data processing.The General Data Protection Regulations,which came into force in May 2018,have detailed provisions on biometric data.The United States is the biometric privacy protection under privacy framework,public power department to make a series of rules,make the government's administrative institutions guarantee the development and utilization of information data,the development and utilization of a third party by industry association autonomy specification,therefore the use of the model is to combine law and industry agreement,given the biometric data privacy protection greater flexibility.Different legislative environments and values in Europe and America lead to different legislative models.China should learn from the experience of Europe and the United States,combined with China's national conditions and legal system,to build a supporting legal protection model of biometric information,so as to better ensure the security of personal biometricinformation.China's protection of personal biometric information can be supported in civil,criminal and administrative laws.At present,the whole personal information protection system is not perfect,and there is a lack of specialized protection for personal biometric information,a lack of unified regulatory agency,and difficulties in legal remedies.In order to make better use of biometric information science and technology and promote the progress of industry in the field of biometric information,a special legal protection mode should be formed for individual biometric information.An independent biometric information regulatory agency shall be established to supervise and guide the processing of personal biometric information.