Civil Law Protection Of Personal Biological Identification Information

As a new type of information,personal biometric information has the characteristics of uniqueness and unchangeability.Once violated,it will cause irreparable losses to the information subject.Discussion and analysis of personal biometric information,the main purpose is to increase the protection of biometric information from the civil law,so as to protect the application environment of biometric information more secure.Based on the basic theory,biometric information can accurately identify the information of the only natural person through specific technical means.It has the characteristics that cannot be changed and accurately identified,and plays an important role in promoting social and economic development and protecting national security.However,at present,there is a lack of special protection of biometric information in China’s civil law.There are some problems such as unclear definition of biometric information,vague right attributes,lack of strict norms of rights and obligations of information participants and lack of protection rules of information subjects.Since the research on biometric information in China’s academic circles is not sufficient,this paper mainly studies and discusses relevant foreign laws and regulations and judicial precedents,summarizes the advanced legislative experience of Europe and the United States,and understands that Europe and the United States mainly take the protection of the interests of information subjects as the foundation,and adopt the legislative model to enhance the rights of information subjects and regulate the obligations of information controllers.Therefore,according to the actual situation of the current judicial work,the civil law protection rules of biometric information in China should also be improved from the following aspects: scientifically defining the connotation of biometric information and defining biometric information.The property right attribute of biometric information is given,and the corresponding benefit distribution mechanism is constructed to better protect the economic interests of the information subject.Determine the rights of information subjects,and regulate the obligations of information controllers.Improve the personal biometric information tort relief rules,with no-fault liability instead of the traditional method of responsibility,the introduction of the corresponding punitive compensation mechanism,and actively apply the public interest litigation relief mode,establish a sound biometric information civil law protection system.