On The Legal Regulation Of The Application Of Face Recognition Technology

General Secretary Xi Jinping attaches great importance to scientific and technological innovation,placing it at the core of national strategy.In the report to the 19th National Congress of the Communist Party of China(CPC),China pointed out the need to build itself into a manufacturing powerhouse,and actively utilize big data,Internet and artificial intelligence technologies to foster new growth drivers and growth points in the process of developing the real economy.The application of artificial intelligence technology poses challenges to the national legal system,forming the explicit contradiction between the rapid development of technology and the lag of law,and the implicit contradiction between the balance of efficiency and security value,the protection and utilization of personal information,public interest and private interest.In the field of artificial intelligence,face recognition technology is a very important branch of technology.Technological innovation not only effectively promotes social progress and development,but also brings huge risks.Due to the lag of laws and the lack of legal norms,technology abuse occurs frequently.In order to make better use of face recognition technology,in addition to the further development of technology,but also to ensure the legal regulation of technology operation.This requires us to further explore and improve the relevant legal system,so as to effectively solve the above contradictions.The reason for the legal regulation of face recognition technology is that the technology itself is neutral,where to use,how to use,completely depends on people,and the law is to adjust the social norms of human behavior,force is the guarantee of the implementation of the law.The protection of human face information is the due meaning of the constitution "the state respects and safeguards human rights" provisions,the constitution of human dignity protection provisions is the fundamental basis for the legal regulation of face recognition technology,and the civil Code privacy protection provisions related to face recognition and are the embodiment of the relevant provisions of the Constitution.At present,the legal regulation of face recognition in China is lack of laws and regulations specialized in regulating face recognition technology,ineffective administrative supervision and lack of specialized supervision by institutions,limited ways for infringers to seek public relief and face recognition technology industry self-discipline has not yet formed.The purpose of legal regulation is not to restrain the development and innovation of technology,but to guide the development of technology to follow certain rules and maintain the normal operation of social order.To perfect our legal system to regulate the countermeasures of facial recognition technology include legal regulation in advance stage,reference represented by European Union GDPR unified comprehensive legislation model and with each act as representative of the United States,Sweden,new decentralized specialized legislation mode,build "+ dispersed legislation" special legislation protected mode in our country,namely have high rates of personal biometric information special law,Strengthen the protection of personal biometric information,especially face information,and the use of general personal information;Through administrative legislation to establish information collection subject access system.In the legal regulation stage of the matter,the use of administrative supervision and social governance two-pronged regulatory measures,the establishment of face information database to accept public supervision,increase the administrative penalties for face recognition infringement and promote industry associations and industry organizations to carry out industry self-discipline to supplement the lack of legal regulation.In the post-relief stage,determine the subject of human face information tort liability and explore the introduction of civil public interest litigation punitive compensation mechanism.Law is a social benefit as the standard,perfect the legal system can effectively regulate the abuse of technology,using face recognition technology can help people further specification,guard against personal information leakage risk,security technology can play a positive role,promote the technology to the good,develop in a direction conducive to the development of human society.