Criminal Law Protection Of Biometric Information In Public Place

In the era of big data,biometric identification technology continues to develop rapidly.Fingerprint recognition,face recognition,iris recognition and other technologies are increasingly mature and widely used in public security,intelligent security,mobile payment,and other fields.As the "Unique identification" of personal identification,biometric information is increasingly valued,but also faces many security risks in the process of data development and utilization,especially personal biometric information in public places is always in danger of being infringed.At present,accelerate the legislation to protect personal biometric information has become an international trend.The special legal interests and vulnerability of biometric information require us to strengthen the criminal law protection of biometric information.However,the legal protection system of biometric information in China is not perfect,the connection between criminal law and prerequisite law is weak,and biometric information has not been clearly included in the protection field.There is no clear legal basis to regulate the illegal use of biometric information and the crime of identity theft.Therefore,should be based on biometric information application status and legislation tradition in our country,other country advanced legislation experience,the establishment and perfection of the creative personal biometric information legal protection system in our country,the national force as the backing,strive for a balance between the legal protection of personal biometric information and the role of the free flow of information in ensuring economic and social progress.Starting from the concept and characteristics of biometric information in public places,this paper studies the criminal law protection of biometric information,which is mainly divided into the following three parts:The first part raises questions,introduces the background of the legal protection of biometric information,and clarifies the research significance of the criminal law protection of biometric information in public places.Introduces the biometric system processing procedures and the scope and essential characteristics of biometric information concepts from the perspective of criminal law;from the essential particularity of biometric information and the particularity of legal interest,the criminal illegality of biometric information is clarified,which provides justification for further putting forward the criminal law protection of biometric information.The second part analyzes the current situation and the problems of the legislation of biometric information protection in China.Through comparative study,the mechanism and legislative mode of criminal law protection of biometric information in foreign countries are understood,to provide legislative experience for improving the criminal law protection of biometric information in public places in China.The third part solves the problem,based on the analysis of the first two parts,established in the current situation of biometric information application and legislative tradition in China,clear the path and legislative concept of biometric information protection in China.Distinguish between "sensitive personal information" and "general personal information",take "the crime of violating citizens’ personal information" as the entry point,and put forward targeted suggestions on improving the criminal law protection of biometric information in public places from two aspects of pre-legal norms and internal regulations of criminal law.