| Face recognition technology,as a new technology that changes the business model,service method and management method of service industry in China,has attracted the attention of people from all walks of life.With the continuous enrichment of application scenarios,people enjoy the great convenience that face recognition technology brings to life,meanwhile concerning that the use of facial information could lead to privacy infringement.However,there has beenno provision that regulates the use of face recognition technology in the service industry.Although the academicians have been conscious of that this technology may bring serious risk to the public’s privacy,relevant research is still limited to controversy on the surface.There are few relevant papers for in-depth analysis.The development of artificial intelligence products is strong,and the goal of stable development of the service industry makes it urgent to solve the legal regulation of the use of face recognition technology.This paper will start with the privacy issues caused by face recognition technology,and study three progressive problems in turn:First,whether personal facial information,as the recognition object of face recognition technology,belongs to the category of personal privacy,or not.should it be protected by the right to privacy,or not.Although many people have raised the view that the use of face recognition technology will violate privacy,but the face is exposed,and the personal facial information is exposed.Whether it can be the object of privacy protection,or is just ordinary personal information,is a doubt.By analyzing the content,nature,and importance of inform ation,the nature of personal facial information is clarified.Second,whether the use of facial recognition technology conforms to the behavioral characteristics of privacy infringement,or not.Face recognition technology has the characteristics of natural recognition method and intuitive recognition result.The operation method of this technology is similar to the daily human behavior of visual recognition and observation.The recognition result canbe judged visually.By analyzing the types and characteristics of privacy infringements during the use of face recognition technology,and exploring the differences between the use of visual observation to other people’s faces in daily life and the use of face recognition technology,find the reason that the use of face recognition technology may violate privacy.Third,faced with the risks of,how should the law regulate the use of facial recognition technology in the service industry.At present,there has been no provision that regulates the use of face recognition technology in the service industry,but in the European Union and the United States,corresponding restrictions have been adopted.Facing the needs of the development of China’s service industry,how should the law regulate the use of facial recognition technology to balance the conflicts between personal privacy rights and freedom of business activities,industrial development,and public interests.By analyzing the particularities of legal relations,legal adjustment methods,and contradictions and conflicts in the service industry,it is proposed to adopt a privacy protection model of governance by areas,establish a technical approval system,and establish an independent administrative supervision body to protect pravicy during the use of face recognition technology. |