Research On Criminal Protection Of Biometric Information Under The Background Of Deepfakes

In recent years,with the development of artificial intelligence technology,machine automatic generation technology has made remarkable progress,"Deep fake" Technology has also emerged in this context.The emergence of this technology makes it possible to tamper with or generate audio and video that is difficult to distinguish between true and false.The most representative is the popular face changing software.However,the legal risks of this technology are also controversial,especially whether there will be illegal collection or even abuse of citizens’ personal biometric information when using face changing software,whether biometric information can be effectively protected in China’s criminal law,whether the abuse of personal information should be regulated by the criminal law and how to regulate it.In this paper,the above questions will be discussed in detail.As one of the personal biometric information,human face is easy to obtain and irreplaceable.As an important personal biological information,facial features can directly recognize individuals.Face information is an extension of the data of individual biometrics,and it is also an important personality interest including the dual attributes of personal rights and property rights.Therefore,once the face is illegally obtained and then infringed and abused,all aspects of the legitimate rights and interests of the obligee will suffer serious losses.For example,criminals steal the obligee’s face information and enter his bank account for transfer,which may even threaten the obligee’s personal safety.In addition.Human face cannot be rearranged to prevent theft like other abstract symbols,so once the information is stolen,the loss is immeasurable.In the process of application,the deep forgery technology represented by face changing software can easily obtain the user’s face information and store or reuse it.However,at present,the regulation of personal information infringement in China’s criminal law is limited to illegal acquisition and collection and does not include the abuse of personal information.Therefore,how to regulate the deep forgery technology in criminal law and realize the connection with civil law and administrative law,protecting citizens’ personal information from infringement has become a crucial issue.