On The Improvement Of Criminal Regulation Of Infringement Of Personal Biometric Information

Personal biometric information has been widely used in various fields,and cases of personal biometric information infringement continue to appear.The first case of face recognition puts forward the urgency of protecting personal biometric information.The criminal law of my country’s criminal law on the crime of infringing on citizens’ personal information stipulates the ways of infringing on citizens’ personal information,but it does not define the infringement of personal biometric information and does not provide clear protection for personal biometric information.Therefore,how Fighting against infringement of personal biometric information through criminal regulation is the core issue of this article.The definition of personal biometric information is not clearly stipulated in the law.Foreign laws have already provided for it.The definition of personal biometric information through different theories,distinguishing it from personal biometric data and personal privacy,and clarifying its legal nature can clarify its concept.The current types of infringement of personal biometric information mainly include three types: illegal acquisition,illegal provision and illegal use.Civil regulations are obviously not enough to combat the infringement of personal biometric information,and the infringement of personal biometric information has seriously violated people’s personal rights,property rights,and endangered national security and public safety.This article believes that the regulation and improvement of infringement of personal biometric information should be carried out from two aspects of criminal legislation and criminal justice.In terms of criminal legislation,the existing charges for the crime of infringing on citizens’ personal information should be revised,the constituent elements of the crime of infringing on citizens’ personal information should be improved,personal biometric information should be clarified in the subject of crime,and the illegal use of personal biometric information should be increased.The purpose of the crime is a necessary incriminating element,adding the subjective element of negligent crime.In terms of criminal justice,the first is the improvement of the conviction and sentencing regulations,the reduction of the incriminating standards for infringement of personal biometric information,and the application of non-criminal punishment measures prohibited by the practice;the second is the improvement of the criminal prosecution mechanism,and the method of prosecution should increase the relief of private prosecution In terms of prosecution rules,private prosecution cases adopt the inversion rule of burden of proof.