Research On Criminal Law Regulation Of Application Risk Of Face Recognition Technology

With the development of the times,face recognition technology,as a biometric technology with the highest frequency of application in life,has attracted extensive attention.Especially after the global outbreak of COVID-19,the public has an urgent need for public security.Face recognition technology is also more closely related to people’s daily life.As a special biological information with daily exposure,face recognition information is closely related to citizens’ property rights and personal rights.With the gradual emergence of the application risk of face recognition technology,many people began to call for corresponding legal regulation measures for this technology.In order to improve the application of face recognition technology in China,this paper will study four aspects.The first part,starting from the basic principle and definition of face recognition technology,explains the application scenario and value of current face recognition technology by studying the characteristics of face recognition technology,namely easy acquisition,concealment,stability and complexity,and combined with the background of the times.Finally,the relationship and difference between face information and traditional personal information are compared and analyzed.The second part first combs the application status of face recognition technology,analyzes the specific performance of its technical illegality in reality,classifies and analyzes AI face changing technology,property loss caused by stealing face information and new identity theft cases,further studies the illegality of face recognition technology,and discusses the possible illegality of the technology itself and the coincidence with the crime of infringing citizens’ personal information,And the judgment of the illegality of the technical subject.Therefore,it is necessary to regulate the application risk of face recognition technology in criminal law.The third part,on the one hand,combs the development background of China’s information protection in combination with the past network security law and the newly issued personal information protection law,and analyzes the main obstacles in formulating data protection legislation in China,that is,the defects in concept,practice and supervision system.At the same time,it briefly explains the current situation of the protection of personal biological information in the field of criminal law.On the other hand,by referring to the legislative content of face recognition technology in the United States,the European Union and other regions,it provides ideas for further improving the criminal law regulation of the application risk of face recognition technology in China.The fourth part,on the basis of combing the criminal law background and Judicial Dilemma of regulating the application risk of face recognition technology in China,puts forward that the principle of proportion and the principle of consent should be taken as the necessity of balancing legal regulation and rational use.At the same time,improve the "crime of infringing on citizens’ personal information" and other related charges,so as to effectively protect face information.Secondly,build a safety prevention and control system for the application risk of face recognition technology,clarify the necessary responsibilities that the application subject of face recognition technology should bear,improve the privacy policies and regulations involved in face recognition technology software,and put forward the path of public interest litigation system to the protection of face information,reflecting the judicial initiative in the field of information protection.