Research On Administrative Regulations Of Commercial Processing Of Facial Information

In the era of big data,the rapid development of face recognition technology and application not only improves administrative efficiency and accelerates the development of market economy,but also intensifies the separation of information subjects from information collectors and information controllers,which brings challenges to the traditional portrait right and personal information protection system.The huge commercial value of face information is accompanied by extremely high security risks.There are conflicts between commercial profit-seeking and face information security,and the incidents of infringing on face information rights and interests occur from time to time.However,at present,the regulations on the commercial processing of face information in China are scattered in the provisions of civil law,criminal law and some administrative laws.The attention to the facial information protection is not enough,and it is urgent to give full play to the rules of the administrative law to regulate the commercial processing behavior.In addition to the introduction and the conclusion,the full text is divided into five parts:The first part is the question.The development of facial recognition technology and application has greatly facilitated people’s daily life.According to the purpose of facial information application scenarios can be divided into administrative application scenarios and commercial application scenarios.This thesis focuses on the behavior of processing facial information in commercial application scenarios.A large number of processing behaviors such as the collection and use of facial information are becoming normalized,and commercial subjects have information power.The profit-seeking instinct of commercial subjects makes their information power based on information difference continuously expand,which intensifies the separation of face information subjects and information collectors and information controllers,challenges the traditional portrait right and privacy right protection system,and greatly improves the security risk of facial information.The second part,the definition of commercial processing of facial information.First of all,face information is a special personal information,which belongs to the category of sensitive personal information,with the characteristics of unchangeable and uniqueness.Secondly,facial information processing includes facial recognition and facial analysis.Commercial processing of facial information refers to facial information processing for profit directly or indirectly.In the process of commercial processing of facial information,the information power owned by the commercial subject invisibly affects the choice of individual,unilaterally formulating the mutual agreement rules and controlling the facial information based on the dominant position.The third part,the necessity of the administrative law regulation on the commercial processing of face information.The current legal regulation of facial information covers the personal information protection system.The criminal law has not separately evaluated facial information,there are also problems in the alignment between criminal law and administrative law.In the field of civil law,there are failure of informed-consent mode and difficulties in relief.Faciacl information is not only a new type of personal information,but also an object of privacy protection.Measures should be taken to protect the rights and interests of citizens’ facial information from infringement by third parties.Administrative supervision means are diverse,rigid and soft,throughout the whole process of information processing,and in the supervision of the face of the information business processing behavior of efficient significant advantages.The fourth part,the dilemma faced by the existing administrative law on the regulation of commercial processing of face information.At present,China’s special protection legislation on facial information is insufficient,including general content,lack of mandatory regulations and low legal hierarchy,overlapping responsibilities and unclear regulatory scope,regulatory vacuum.In-process and post-event supporting measures have not been followed up,supervision is still dominated by the administrative department as a single regulatory body,and a coordinated supervision mechanism has not yet been formed.The fifth part,the path regulated by the administrative law for the commercial processing of face information.Faced with the current predicament of administrative laws and regulations,it is not only necessary to protect face information from the legal relationship between equal subjects,but also to start with legislation to give full play to the role of administrative supervision.The three-dimensional and effective administrative law regulatory system enables the legal obligations of facial information processing to be truly complied with.Highlight the particularity of face information in the administrative legal norm system,clarify the responsibilities of each regulatory department,and realize the regulation of administrative laws by establishing a prior access and evaluation mechanism,creating an in-process administrative supervision mechanism,and refining the ex-post administrative penalty standards.Finally,to build a multi-party coordination mechanism with the administrative subject as the core should be constructed,shifting from the single supervision of the administrative subject to the self-regulation of the commercial subject and the participation of individual citizens.