| At present,facial recognition technology（FRT）has been widely used in financial consumption,traffic security,door control system,people’s livelihood service and other scenes because of its convenience,low cost,non-contact and other characteristics.Technology not only brings convenience to people,but also brings new risks.More and more people question the legitimacy of the application of FRT and worry that their face information is abused.It is necessary to reflect on China’s current legal regulation framework by combining relevant cases.On the basis of the actual situation in our country,drawing on the useful experience from other countries to provide a feasible solution for perfecting the legal regulation system of FRT in our country.This article consists of the following four parts:The first part,briefly summarizes the application of FRT.FRT is one of the biological identification,which is based on people’s facial features information.The FRT is non-contact,concurrent,personal lose,uncontrollable characteristics.The face information processed by this technology belongs to sensitive personal information,if leaked,it will cause irreparable damage to the info-owner.In addition,the FRT applications also contains the external risk,such as privacy,security,discrimination,predicting and evaluating such risks is necessary,in order to realize the legitimacy of law regulation and scientific.The second part,with the help of cost-benefit analysis tools,this article analyzes the relevant cases and the legal regulation status quo of FRT.First,from the perspective of the application of FRT,for merchants,it brings more benefits than their technical expenditures,but the risks brought to consumers are significantly higher than their available benefits.Second,From the perspective of legal regulation of FRT,analyzing the current situation of FRT regulation in China.The total social resources are fixed,we should reduce the consumption cost of the country,society and individuals,and achieve the scientific allocation of limited resources.The third part,this article analyzes the current situation of legal regulation of foreign face recognition technology.At present,there are two modes of foreign legal regulation on FRT.One is to incorporate facial information into general personal information for regulation,and the other is to adopt a more stringent regulatory path.Europe and the United States have adopted a specialized regulatory path,while Japan has adopted a generalized regulatory path.The fourth part,we provide relevant suggestions on the legal regulation of FRT in China.Firstly,learn from the Contextual Integrity and the risk theory in economic law,constructing specialized legal regulation system.Secondly,perfecting the deficiencies of existing content.Building dynamic informed consent rules,clarifying the applicable boundaries of FRT and improving the relief approach.In addition to this,we should improve the relevant supporting systems,establish a dedicated regulatory agency,develop effective supervision measures and give full play to the preventive function of industry self-discipline supervision. |
