Research On Civil Protection Of Personal Biometric Information

In the era of big data,the circulation value of personal information is increasingly important.The tendency to protect personal information has gradually shifted from emphasizing private rights to valuing the balance between public interests and private rights.Personal biometric information has unique attributes,such as exclusivity,uniqueness,permanence and easy replication,which are different from general personal information.Therefore,it should be protected according to its unique attributes.However,there are many problems in the current legislation of biometric information protection in China: the legal provisions are not systematic,the protection of biometric information attached to sensitive individuals is not special,the informed consent rules are defective,and the litigation is difficult.In view of this,this paper tries to focus on the special attributes of personal biometrics information,and advocates that according to the special attributes of biometrics information,the protection rules should be set up comprehensively before,during and after the event,so as to form the whole process and systematic protection of personal biometrics information.The first part,this paper clarifies the unique characteristics of personal biometric information,and points out its special difference from general personal information.It also compares the differences between different concepts and clarifies the legal basis of special civil protection for personal biometrics.The second part,this paper analyzes the current situation of legal protection of personal biometric information in China and points out the existing problems in legislation.Generally speaking,the concept of biometric information lacks authoritative standards,scattered legislation and low legal rank,and lacks systematic and comprehensive protection.Specific problems mainly focus on informed consent rules,distribution of burden of proof,relief and so on.The third part,investigation of foreign legislation.This paper analyzes the legislative contents of two different legislative models and the corresponding legislative models of typical countries,and summarizes the reference for China.The fourth part,according to the analysis above,relevant suggestions are put forward before,after and in order to achieve all-round,whole-process and systematic protection of biometric information.