Research On Legal Regulation Of Face Recognition Technology Risk

Face recognition technology has three characteristics: close personal relationship,recognition process autonomy,and risk prevention and control complexity.Because of its good security,reliability and effectiveness,there is a wide range of application space in the field of public welfare and private interest.While the widespread application of face recognition technology brings many conveniences to the public,the accompanying privacy risks,data security risks,discrimination risks,and freedom risks have gradually attracted attention.Through research,it is found that lack of responsive legislation,weak administrative supervision,lagging judicial relief,and immature industry self-regulatory organizations are important reasons for the risk of face recognition technology application.The analysis and comparison of the legal regulations on face recognition technology in the European Union and the United States found that respecting the free will of users,delimiting the use of "forbidden areas",and granting citizens the right to sue can effectively prevent the risk of face recognition technology.In the future development of face recognition technology,China should prevent the occurrence of risks from four aspects: legislative,administrative,judicial and industry self-regulatory organizations: legislatively,adopt a "special + decentralized" legislative model,establish relevant basic principles through legislation,distinguish The nature of the information;administratively,further improve the administrative supervision system,set up a special supervision agency,and implement special supervision.In addition,administrative punishment should be increased to deter and punish the illegal use of facial recognition technology;judicially,first of all,the right to sue Second,the burden of proof should be reversed,and finally,the judicial response capacity should be improved;in industry self-regulation organizations,the state and enterprise organizations should strengthen cooperation to jointly improve the industry self-regulation organization convention.