Legal Research On The Application Of Personal Biometric Information

As the product of new technology,personal biometric information has been widely used in personal identification because of its uniqueness,identifiability and immutability,which has brought about a new revolution of identity authentication.At the same time,the problems of illegal collection,abuse and leakage in the application of personal biometric information also challenge the security of personal biometric information.Personal biometric information is different from general personal information.Once this kind of information is illegally infringed,its harmful consequences are hard to reverse,and it will have an inestimable negative impact on individuals,society and even the country.How to deal with the relationship between the application of information and the protection of information,and how to seek the greatest common divisor between the application of technology and information security,is the internal requirement of the healthy development of the biometric technology industry,it is also the only way to build a rule of law in China.From the perspective of application of personal biometric information,this paper expounds the basic concept of personal biometric information from the perspective of legal benefit differentiation of personal biometric information,based on the analysis of the current situation of application and legislation in our country,the author thinks that the legislation of application of personal biometric information presents the trend of integration of public law and private law.This kind of legislation does not distinguish the public and private legal interests of personal biometric information,and puts all the application behavior under one application scenario,which is not conducive to the orderly development of the application of personal biometric information.After sorting out the existing problems in the legislative system,application restrictions,application of specific rules,and the mechanism of classified and classified administration,the author makes an investigation on the present situation of extraterritorial legislation,and after drawing on the experience of the European Union and the United States,thinks that,our country should issue a special judicial interpretation to clarify the basic problems of the application of personal biometric information,and combine the characteristics of multiple legal interests of personal biometric information,from the perspective of the application of private rights and public rights to regulate the application of behavior,the joint escort personal biometric information security.