Research On The Protection Of Face Recognition Information From The Perspective Of Personality Rights

In the era of digital economy,face recognition technology has developed rapidly,and the scenarios of technology application are constantly expanding.The face recognition information is an important identification symbol for us,and it is of extraordinary significance to everyone.As a symbol of personal social identity,it is a pass for interpersonal communication and building trust,and the security risks,legal risks and ethical risks contained in the processing of face recognition information cannot be ignored.However,the lag of the law makes the contradiction between the protection of personality rights and technological development increasingly intensified,and the infringement of face recognition information occurs from time to time.Traditional personality rights theory is difficult to explain the crisis of public space privacy caused by face recognition technology,and the informed consent rules have no real effect,and individuals completely lose their autonomous control over their face recognition information.Since there is still controversy over the characterization of face recognition information in academic circles,this paper,by clarifying the connotation of face recognition information,examines traditional theories and current legal norms,and believes that face recognition information has strong personality rights and weak property.It belongs to the overlapping part of privacy and personal information,and can be converted to and from portraits.Combining the legal protection framework of personal information and the theory of personality rights protection,it can be based on the theory of "contextual integrity" to explain whether face recognition technology is necessary in a certain scenario,and determine whether individuals have reasonable expectations about their privacy in this scenario.Then we can choose the applicable norms for the collection and processing of face recognition information in this scene,and further build a protective system of the law of personality rights for face recognition information.In the field of public security,face recognition technology provides certain support for human security and order,so it is not unusable,but in terms of private law,more emphasis should be placed on information security and the right of individuals to make their own choices.Therefore,under the premise of recognizing the risks,the design idea of the face recognition information protection rules is to control the risks and strengthen the relief.Risk control is to strengthen the individual’s ability to control the information before the face recognition information is collected,emphasizing the individual’s right to choose independently,to strengthen the remedy is to obtain reasonable relief when the relevant rights and interests of the information subject are damaged by clarifying the tort liability.This paper suggests that the right to self-determination of information should be emphasized in the early stage of information collection.After the information is collected,the right to privacy should be the main priority,and other personality rights should be used as a supplementary framework for the protection of personality rights,so as to provide the right holders with adequate relief channels.