Research On Legal Regulation Of Face Recognition Information From The Perspective Of Private Law

While the development of big data brings convenience,it also makes face recognition information security fall into a huge risk vortex.How to legally regulate face recognition technology and find the balance between technology application and legal regulation,so as to reduce the contradiction between scientific and Technological Development and law,has become an important topic at present.The misuse of face recognition technology has seriously threatened the information security of face recognition.The legal problems in the application of face recognition technology need to be solved urgently.However,in addition to the newly issued judicial interpretation,the legal provisions on face recognition information in China are scattered in various laws,and the protection is relatively weak.Therefore,when China’s laws are not perfect,we can properly refer to relevant foreign regulations in combination with China’s national conditions,and strengthen the legal protection of face recognition information in China.Based on China’s current provisions on the protection of face recognition information,this paper selects typical judicial cases on the protection of the rights and interests of face recognition information,quotes classic cases to lead to the theme,and analyzes them in full combination with China’s current academic theory,judicial practice,laws and regulations.This paper makes a legal interpretation and relevant demonstration on whether the information processor can obtain other people’s face recognition information,how the information processor should properly obtain other people’s face recognition information,and whether the individual can request to delete the collected personal information.From the perspective of individuals and enterprises,this paper puts forward the legal problems in the application of face recognition technology,and puts forward some suggestions on the improvement of the legal regulation of face recognition information in China:Firstly,relevant legal principles should be established.This paper puts forward three principles: the principle of self-determination of personal information,the principle of proportion and the principle of multiple relief.Only by keeping pace with the legal system can the legal principles play a better role in the protection of face recognition information;Secondly,at the level of legislative protection,this paper puts forward some suggestions on the choice of legislative mode of legal regulation of face recognition information in China,points out the need to establish a multi-level and all-round legal regulation system,and Establish staggered and complementary legal mechanisms of face recognition information from horizontal and vertical respectively;Finally,at the level of judicial practice,it is proposed to clarify the subject of tort liability and improve the burden of proof system,which has practical significance for judicial relief and safeguarding the legitimate rights and interests of information subjects.