Criminal Law Protection Of Facial Recognition Data

As a product of information technology,"facial recognition data" has multiple attributes,including "digital identity","personal information","identity document","information network technology" and "platform participant".However,due to the characteristics of its own fragility and the fact that a complete system has not yet been formed between various departments,the violation of "facial recognition data" cannot be effectively evaluated.The acts of infringing on "facial recognition data" have gradually formed a complete chain.From data collection to data trading,to data processing,the objects violated in each link are overlapping but not identical,and there are many high-tech Participation.Therefore,in the process of regulating its regulation,different criminal law evaluations should be given according to the different attributes presented by "facial recognition data".First of all,as far as the theft of "digital identity" is concerned,there is currently no provision specifically for "digital identity" in my country to regulate it,and the provisions related to "identity",from the perspective of legislative intent,show the protection of public identities.tendencies,while the protection of individual private interests is only indirect and incidental.In this regard,in the short term,in order to alleviate the urgency of seeking protection of "facial recognition data" and "digital identity" rights and interests,the relevant provisions of "personal information" can be used for regulation,which is in line with the new requirements for "personal information" in the data age,which is also conducive to saving judicial resources,but in the process of expanding the interpretation of "personal information",there will be a leaping development of preparatory behavior and implementation behavior,that is,the theft of "identity information" is completed before the theft of identity.logical rigor.Therefore,in the long run,it is still necessary to consider establishing an independent legal interest protection clause for identity.Secondly,in the process of citing "personal information"-related laws and regulations for regulation of the buying and selling of facial recognition data,there will be cases where the content of existing laws and regulations cannot cover "facial recognition data".The expanded interpretation of the clauses will cause imbalances and logical confusion within the laws and regulations,and the current criminal law provisions cannot reflect the special protection of facial recognition data.In this regard,it is necessary to further improve the connotation of "personal information",include "facial recognition data",highlight its particularity,and open up the connection between criminal law and other departmental laws through guidelines.Finally,the use of "deep forgery" related technologies to process "facial recognition data",if regulated from the perspective of information network crime,will hinder the criminalization of the criminalized helping behavior due to the existence of the principle of accomplice;if To regulate infringements from the perspective of network platform managers,there will be related problems such as unclear definition of legal obligations.In response to the above two problems,we can learn from the applicable experience of money laundering crime,weaken the intervention of the principle of accomplice,and at the same time clarify the obligations of managers in stages,so as to realize the criminal law protection of the entire chain of "facial recognition data".