Research On Legal Issues Of Face Recognition Information Protection

At present,face recognition technology in China has been developed more mature,and the technology has been applied in many fields,but in the specific application of the technology,there are many illegal processing risks and infringement situations,so that citizens as the subject of information and often interests damage.First of all,the first part of this article in the new background of the personal information protection act and its related method,and combined with related legal protection present situation in China,not only for face recognition information connotation,characteristics and applications of the technology are introduced,also with the personal information,biometric information on related concepts,In order to face recognition information related legal problems can not obtain accurate solutions to find solutions from a broader perspective.At the same time,the second part of the face recognition information illegal processing risk exposition,interpretation of the personal information protection legal system under the importance of protecting personal information rights and interests,can help to fully explore the current relevant laws should face the challenge.Secondly,in the third part of this paper,through the analysis of the legal status of face recognition protection in China,found that there are several prominent problems: one is the lack of a clear definition of face recognition information in the current law,the performance of the legal lag will produce continuous differences in the process of specific application;Second,the different viewpoints on the relationship between the Personal Information Protection Law and the Civil Code in the academic circle at present tend to lead to misunderstandings in the specific application process,and then affect the final application effect in practice.Third,due to face recognition information can bring considerable profits for the processing of the main body,many processing main body often with various abuse of their identity of the bad performance to inform the consent rules are challenged to varying degrees,and ultimately cause damage to the interests of the information main body,so the law still needs to be further improved to the rule;Fourthly,through judicial practice cases,it is found that the current principle of presumption of fault is not enough to protect the information subject,and the social responsibility that the subject should bear can not better urge them to effectively prevent the occurrence of infringement events compared with the benefits that the subject can obtain.Finally,the synthesis of the previous content and combined with the fourth part of the foreign face recognition information protection of the legal status quo and can be inspired by China’s current legal improvement,the fifth part of this paper from multiple angles,one is to emphasize the importance of clear face recognition information definition of the concept to try to define it;Second,the relationship between the Personal Information Protection Law and the Civil Code is dealt with and viewed from a macro perspective,and comprehensive and macro solutions are obtained through the different subjects of regulation,the different application sequence,and the different incomplete provisions or introduction provisions between the two laws,so as to solve the difficult problems in the application of law.Third,it is suggested to further improve the consent rules by establishing differentiated consent rules,adopting multiple notification procedures and clarifying the different ways of informing the exceptions of consent rules.Fourthly,considering the dilemma of information subject applying presumption of fault in litigation,the author tries to refine the principle by establishing inversion of burden of proof,and establishes dual imputation principle to form a complete imputation system.Fifth,based on the particularity and social attention of biometric information such as face recognition information,we try to explore the possible advantages of special legislation in the protection path.Finally on the whole,in order to meet the urgent need to protect the legitimate rights and interests of face recognition information.