Research On The Legal Protection Of Personal Information In The Application Of Facial Recognition Technology

Facial recognition technology is an important artificial intelligence technology in China’s social development.It has a wide range of applications and rapid development.At the same time,it also brings great challenges to facial information protection,which needs to be responded by law.China’s Civil Code is a civil code born in the 21 st century.It strengthens the legal protection of personal information rights and interests,which is in line with the historical positioning of China.The promulgation and implementation of the Personal Information Protection Law also highlight the value choice of personal information rights made by China under the opportunity of new historical development.It provides important guidance for the personal information protection in the application of facial recognition,and it is also an important legal guarantee for the development of artificial intelligence technology in the future.The purpose of this paper is to explore the legal protection of facial information in the application of facial recognition technology,and put forward corresponding improvement measures.This paper is divided into three parts: introduction,body and conclusion.The body is divided into the following four parts:In the first part,the personal information protection in the application of facial recognition technology has been mainly summarized.Besides,the recognition principle and development process of facial recognition have been expounded,the history of this technology has been reviewed,and the application status of it in the current society has been analyzed.Accordingly,it is concluded that facial recognition technology is the trend of historical development,and we should make use of and regulate it.In addition,the concept discrimination and nature exploration of personal information including facial information are also carried out in this part.It is considered that facial information belongs to "open and sensitive" personal information,which has the particularity that general personal information does not have.Therefore,it is concluded that the application of facial recognition brings many risks and it is necessary to protect facial information.In the second part,the current situation of legal protection of personal information has been introduced.By combing the Civil Code,Personal Information Protection Law and other relevant legal provisions and combining with the judicial overview and typical cases in the civil and criminal fields under the development of facial recognition technology,this paper obtains the problems existing in personal information protection in the application of facial recognition in China,such as the lack of systematic provisions for protecting facial information,the deficiencies in facial information processing rules,the imperfectness of relief system,and the shortage of supporting protection measures for facial information.In the third part,comparative laws on the legal protection of personal information in the application of foreign facial recognition technology have been made.The legislative experience of the United States,the European Union and Japan has been expounded respectively in this part,which is in order to investigate the characteristic legal system and general consensus of personal information legal protection in the application of facial recognition and comb out the reference for China.The reference includes diversified management ideas,refining the content of notification and consent specification and regulating the development of this technology.In the fourth part,some suggestions on the legal protection of personal information in the application of facial recognition technology in China have been put forward.Firstly,the legal system of personal information protection in facial recognition should be stated,including improving the pluralistic facial information protection system and coordinating multiple legal protection.Secondly,facial information processing rules should be improved.It mainly comprises refining the necessary principles and informed consent rules of facial information processing,and the right to erasure and damage compensation system when facial information is infringed.Finally,some suggestions are put forward for the supporting system of personal information protection in the application of facial recognition,including regulating the development of this technology,setting up a special supervision organization of facial information and strengthening the self-discipline of facial recognition industry etc.