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Research On The Legal Protection Of Personal Biometric Information In China

Posted on:2021-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z B ShiFull Text:PDF
GTID:2506306224955339Subject:Legal theory
Abstract/Summary:PDF Full Text Request
At present,the application of face recognition and other information technologies greatly facilitates people’s social life.However,with the application of these advanced technologies,all kinds of risks,including legal risks,should be fully paid attention to.This kind of personal biological identification date is obviously different from general personal information and should be investigated separately.Paper embarks from the perspective of jurisprudence,adopts the questionnaire investigation,comparative study of personal biological identification date for a variety of methods such as legal analysis,and draw lessons from foreign criticism personal biological identification date protection of the relevant theory and practical experience,on the basis of diagnosis at present our country personal biological identification date main problems of legal protection,the improvement of the targeted Suggestions are put forward.The thesis mainly includes the following five parts.The introduction focuses on the background,purpose and method of paper writing,and gives a detailed review of the existing research on the topic of the paper.Thesis the first part,first of all,combing the current our country personal general framework and developing trend of biological information legislation protection,next to the current our country personal biological identification date existing in the legal protection of the main problems and the reasons are summarized and traceability,think our country personal biological identification date value conflicts exist in the legal protection,imperfect laws and regulations,not form a complete legal protection mechanism,a few problems.In the second part of the paper,the comparative method is used to compare two different legal protection modes in the United States and the European Union.In the United States,personal biological identification date is included in the protection of privacy,which belongs to the protection mode of privacy plus separate act.The European Union adopts a unified legislative model.Although it does not protect personal biological identification date by special legislation,it regulates personal biological identification date and other sensitive information in the general data protection regulations,and the legal provisions are stricter than general information.Through the analysis of the basic provisions and the theoretical basis of the legal protection of personal biological identification date in the United States and the European Union,the paper summarizes the significance of the legal protection in China.In the third part of the paper,based on the above argumentation,the countermeasures and Suggestions are put forward to improve the legal protection of personal biometric information in China.Firstly,we should establish the value orientation with security and justice as the core.Secondly,the legal connotation of personal biometric information is determined so as to clarify the difference between it and personal general information.Thirdly,this paper thinks that adopting the European Union’s unified legislative model is more in line with China’s current national conditions;Finally,perfect the law,through the administrative law,the civil law and the criminal law to jointly construct a complete legal protection mechanism.In the epilogue,the author summarizes the discussion above,and further emphasizes the key points and difficulties in the legal protection of personal biological identification date in China,as well as the direction and content of specific efforts.
Keywords/Search Tags:Biological identification date, Personality right, Information rights, The legislative mode
PDF Full Text Request
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