Research On The Civil Law Protection Measures Of Biometric Information

The report of the 19th National Congress of the Communist Party of China clearly put forward the brand-new concept of "smart society" for the first time when discussing how to accelerate the construction of an innovative country,which shows that the development of Chinese big data industry has stepped to a new height,and the era of artificial intelligence has indeed arrived.While people enjoy the efficiency and convenience brought by high-tech applications,such as face payment,intelligent access control and digital government,the risk of information leakage is increasing day by day,and the biometric information is gradually coming into public view.Biometric information is mostly innate,immutable and unclassified,which makes the leakage of it bound to bring irreversible damage consequences so that put people in fear.In this context,it’s necessary to explain the civil law protection measures of biometric information under the current legal framework,and seek the balance between technological progress and human rights protection,in order to improve the protection level of biometric information in China and finally strive to use artificial intelligence to empower the progress of human society.By using comparative research method,case study research method and other research methods,the thesis conducts research on the civil law protection of biometric information in China from five aspects.The first part focuses on the basic information such as literature review,research difficulties and innovations.On the basis of summarizing the basic theories of biometric information,the second part analyzes the rationality of classifying biometric information as sensitive personal information and confirms its private right attribute by comparing with others.The third part points out that the application fields of biometric information are becoming more and more diverse and there are challenges in its collection,management,utilization and protection,which calls for further clarification of the connotation of civil law protection of biometric information.The forth part investigates the relevant legislative experience of the United States,the European Union and other countries or regions.The fifth part systematically explains the connotation of civil law protection of biometric information in China from three perspectives:connotation and definition of the basic legal issues,judicial relief of biometric information infringement and industry self-discipline.Specifically,in the aspect of connotation and definition of the basic legal issues,this part aims to ensure the legality of information collection,the security of information management,the standardization of information utilization and the appropriateness of information protection through a series of measures such as the implementation of informed consent.In the aspect of judicial relief of biometric information infringement,this part mainly clarifies the threshold of the injunction against infringement upon personal rights,the identification of infringement and the determination of the content of damages.In the aspect of industry self-discipline,this part focuses on the theory of "privacy by design" and tries to force internet companies to strengthen biometric information protection in the whole life cycle by means of civil law.The combination of the above three can be regarded as a "radical cure" of information protection,and promote the building of strong cyberpower.