Research On The Legal Regulation Of The Use Of Face Recognition Technology

In recent years,the application of face recognition technology and the construction of hardware facilities have blossomed everywhere.Face recognition technology has penetrated into all aspects of citizens' production and life as well as comprehensive social governance,from payment and access control to taking the subway and carrying out public security work with face recognition technology.As a biometric technology,face recognition technology has obvious advantages,its convenience and accuracy are beyond the reach of other traditional technologies.However,technology is a double-edged sword,in which convenience and efficiency often equate with risk.In this article,through analysis of facial recognition technology in the process of using the present main body and uniqueness,non-contact technology,the characteristics of information correlation,government and nongovernmental technology main body involved in the criminal investigation,public security administrative and social levels according to the present conditions of the three scenarios,in-depth discussion on the technology of face information that exist in the use of unfair collection,analysis of excessive facial information lead to discrimination against risk and the label phenomenon and abuse of facial recognition technology brings the problems such as human face information leakage.At the same time,the paper discusses that face information belongs to the category of personal information from the perspective of legal theory,and emphasizes the legal attributes of personal biometric identification and sensitivity.On the basis of the above discussion,the loopholes of laws and regulations governing the application of face recognition technology and protection of face information in China are combed out.First,there is a lack of legal norms specifically for the protection of personal biometric information represented by face information.Second,for the use of face recognition technology collection,storage,use and other processes are not clearly stipulated;Third,laws and regulations related to the protection of personal information are too scattered and simple,and there is a lack of specific legal system.Fourth,China's current legal regulation state presents the phenomenon of soft law first,hard law is short,the strength of technical regulation and information protection is far from enough.Therefore,in the process of studying the legal regulation path of the application of face recognition technology in the United States and the European Union respectively,combined with the actual legislation situation in China,the author tries to summarize three legislative concepts:consistent application scenario,vigilance of technology margin,and performance risk assessment.And in our country at present the personal information protection law(draft)"and" data security law(draft)"the unity of the identified trend under the background of legislation,put forward to distinguish technology USES the way of constructing the subjects of the government and non-governmental two-way legal advice of rules and regulations,including the following two aspects:one,the face recognition technology in the field of public power analog technical investigation measures in criminal procedure law to carry out regulation,can choose to discussed with content to perfect the judicial explanation of"criminal procedural law "and a single technical regulation,internal regulations and information protection;Second,in the big data era of multiple interests across the field,the application of face recognition technology in the field of business identification and certification should follow the principle of multi-party proportion under the new governance form,to achieve the healthy development of face recognition technology and the effective protection of personal information organic unity of the two.