| In the context of today’s constantly evolving digital society,facial recognition technology is being implemented on a large scale,actively empowering the diverse needs of various and complex scenarios in the smart industry,deeply integrated and widely used in social governance,public services,business operations and other aspects,quietly reshaping our way of life.However,while the ever-changing technology brings convenience and efficiency,the endless abuse of technology has also caused greater hidden dangers.The emergence of this identity revolution has brought unprecedented impact to the current institutional norms,social order and personal information protection.Faced with the vigorous development of emerging technologies,it is necessary to give full play to the predictability and responsiveness of the law,determine the boundaries of technological development,establish a scientific and reasonable balance mechanism,and properly handle the relationship between technological progress,economic benefits and privacy protection.Finally,we should adhere to the insurmountable legal bottom line in the change and rebirth of rules,and better protect the general public in the technological torrent.This thesis will comprehensively use literature analysis,comparative research and value analysis.Except for the introduction and conclusion,the main body of the text is mainly composed of five parts.The first part summarizes the overall situation of facial recognition technology and clarifies the connotation of facial recognition technology,development trend and legal nature,to form a preliminary understanding of the regulatory objects of the thesis.The second part explores the risks brought by facial recognition technology.Analyzing the reasons in four aspects of law,technology,ethics and biological characteristics,we point out the hidden worries of facial recognition technology in specific applications,especially the infringement of the right to be informed,invasion of privacy and deprivation of the right to informational selfdetermination.The third part combs our country’s current situation of legal regulation and deficiencies of facial recognition technology,combined with the current situation of legislation,law enforcement and judicature to analyze many problems exposed in our country’s practice.The fourth part elaborates on the extraterritorial practical experience of facial recognition technology.From the perspective of comparative law,we examine the practice of the United States and the European Union in regulating the use of facial recognition and legal protection,summarizing the useful experience and enlightenment on the basis of absorbing the cutting-edge results of foreign research,to explore the direction and ideas of reference for the improvement of our country’s laws.The fifth part focuses on the improvement of the legal regulation path of facial recognition technology.From the perspective of laws and regulations,norms and standards,supervision and law enforcement,and technological innovation,we are committed to building a modern governance model with a view to realize the achievement of legislation and regulations,the improvement of standard support,the systematization of government supervision,the scientificization of industry selfdiscipline,and the normalization of information protection,forming a reflection on the legal regulation path of facial recognition technology in our country.This thesis focuses on the exploration of facial recognition technology that is in urgent need of legal regulation.It broadens the research perspective and reflects on technical considerations,system establishment and ethical norms,aiming to establish a legal regulatory framework based on preventive measures and responsive systems.Introducing governance ideas into the mechanism design,we build a theoretical research system of overall governance strategies to explore the feasible methods for legal regulation of facial recognition technology in our country. |