| With the rapid growth of China’s economy and the continuous development of citizens’ living conditions,Chinese have been urging for strict protection of personal information,among which personal biometric information,as the kernel of an individual’s details that can trace a specific citizen without effort,becomes the most important part.The role of personal biometric information in the current society when technology is highly developed gets more significance.Due to loopholes existed in related laws,including the ambiguity on distinguishing protected rights,the lack of specific laws,and the shortage of relevant explanations.These problems lead to the situation that chaos appear one after another in both reality and Internet,which brings unprecedented challenges to the security of citizens’ personal biometric information.The major point of the thesis is that personal information should be protected by law while personal biometric information should be not only part of the aforementioned,but also under protection of privacy.The state has legal authority to collect individual biometric information,while other entities in the society are empowered by individuals to obtain the data.The collecting approaches and accesses need to be strictly restricted.For example,data collected via the Internet must not be obtained by a third party;and during the storage,data must not be put into secondary circulation,including but not limited to methods of trading,gifting,and mortgaging that grant the data with additional property attribute.In addition,biometric information collected for a particular service,especially those obtained through complicated ways on the Internet,must not be used for other purposes without a second permission.The protection of biometric information in our country should be strengthened from the establishment of supervision and management departments and detailed information processing.The text uses comparative analysis,case analysis,literature analysis and other methods to explain the content.In the first part of the article,the author explains the basic background of writing this article;the second part starts with the concept of human biometric information,and combines the intersection and difference between it and the right to privacy to explain the meaning of biometric information in the new situation Scope;The third part summarizes the development history,development achievements and problems faced by China’s biometric information protection,and combines China’s national conditions and actual conditions to construct a judgment model in practice for use in judicial judgments.It points out the management agencies,Specific measures are two major issues,and the value balance in the protection is explained;the fourth part uses the misunderstandings in practice as an entry point to explore the differences between the protection of the two in China and the comparative study of the protection models at home and abroad,and point out the lessons that can be learnt from them.Experience;in the fifth part,the basic principle explanation and corresponding technical regulations in the process of improvement are proposed,covering the dual perspectives of legislative theory and interpretive theory,improving the relevant legislation of the collection system,clarifying the scope of the subjects that can be collected,and strengthening the The management system of the collected data,adjustment of the corresponding rights and obligations,etc. |
