| The development and application of face recognition technology has brought new thinking on issues related to personal information protection,and "the First Case of Face Recognition" in China,which has attracted much attention,has caused disputes and disagreements on some issues.By analyzing and demonstrating the focus of legal disputes in this case and clarifying the relationship between the rights and obligations between the plaintiff and the defendant,we can better understand and grasp the case and deepen our knowledge and understanding of relevant theoretical knowledge and hot issues.Following the guidelines of the normative analysis method and the case analysis method,the relevant legal disputes in this case were resolved.On the one hand,regarding the general dispute issues involved in this case,concerning the validity of notices and text messages,the notice in the fingerprint identification store guaranteed Guo Bing’s right to know and choose,and it should be determined that the notice did not cause damage to Guo Bing’s rights,the text message notification is a unilateral change of the contract content of Wildlife World,and does not have corresponding binding force on Guo Bing.On the issue of breach of contract and fraud disputes,Wildlife World informed Guo Bing that if he did not register his face,he would not be able to enter the park,but did not inform Guo Bing of other ways to enter the park,which was a violation of the main obligations of the contract and thus constituted a breach of contract,Wildlife World has not intentionally concealed or falsely reported the situation,and it does not constitute fraud.On the other hand,in the dispute over personal information,how should Wildlife World deal with Guo Bing’s face,fingerprints and other information,because the collection of face information is not justified,and the fingerprint information is no longer necessary,so the personal information shall be deleted.The resolution of the focus of legal disputes in this case not only plays an important role in analyzing "the First Case of Face Recognition",but also guides people to pay attention to issues such as face recognition technology and personal information protection in a proper way,so that we can have a clearer understanding and rationally think about the application and development of face recognition technology and its legal risks such as damage to personality rights,and guide us to target the use of face recognition technology in the scope of rights and obligations to propose appropriate regulatory measures by building a normative system,promoting industry self-discipline,and strengthening departmental supervision. |
