| Based on high application value and low application threshold,face recognition technology has been successfully applied in many scenarios.As biometric information,face recognition information has the characteristics of the uniqueness of the subject,the immutability of information,and the high risk of leakage.As sensitive personal information,face recognition information should be handled with care and strictly protected.However,in recent years,news about the leakage and abuse of face recognition information frequently broke out.The uncontrolled application of face recognition technology has brought huge risks to the security of personal information.How to regulate the application of face recognition technology has become an urgent problem real problems.Starting from "the first case of face recognition in China",the current situation of the application of face recognition technology is analyzed,and it is found that there are information security risks,violation of legal principles,and breakthrough of consent rules in its application.By sorting out the current situation of legal regulation on the application of face recognition technology in my country,it is found that there are practical difficulties in the legal regulation of the application of face recognition technology in China,such as imperfect legal system,unsatisfactory supervision effect,and difficulty in litigation and rights protection.Through the investigation of the legal regulations on the application of face recognition technology in the United States and the European Union,it is proposed that the laws of the United States and the European Union can be selectively used for reference.In this regard,combining various subjects,synthesizing various interest demands,and improving the legal regulatory framework of face recognition technology through the theory of responsive law.Specifically: at the legislative level,establish the principles of face recognition information regulation,and define the boundaries of technology applications for different subjects;at the law enforcement level,by setting up special regulatory agencies,clarifying the regulatory authority,regulatory procedures and accountability systems of the regulatory agencies to improve administrative supervision effectiveness;at the judicial level,clarify the subject of tort liability,and enhance the judicial relief ability of information subjects by improving the public interest litigation system and reducing the proof standards for damage.So as to balance the contradiction between the development of face recognition technology and the protection of personal information,and respond to real needs. |
