Criminal Law Regulations For Violations Of Biometric Information

As my country has entered the information age,many information technologies have emerged in the society,among which the application of biometric technology in daily life is particularly extensive,which has led to a series of issues concerning the protection of individual rights of citizens.The second paragraph of Article 1034 of the Civil Code,which will come into effect in 2021,stipulates that the biometric information of others is personal information.However,because the criminal law norm does not make clear provisions on biometric information,it leads to operational difficulties in the criminal protection of biometric information in judicial practice.First of all,there are too few provisions on the biometric information of others in the Preliminary Law,and there are legal documents involving practical operation provisions of low rank,which cannot effectively regulate violations with minor circumstances.It appears that the criminal law makes provisions before the preceding law,thus violating the modesty of the criminal law.In the improvement of the pre-law,firstly clarify the scope of application subjects of biometrics technology,thereby limiting the number of users of biometrics information technology;specify the legal special protection of personal biometrics information in detail,and provide legal basis;supervise The use of other people’s biometric technology to prevent the infringement of biometric information due to illegal use,abuse,etc.Due to the lack of a clear criminal law basis,considering the operability and effectiveness,it is possible to apply the "crime of infringing citizens’ personal information" by applying the method of criminal law interpretation,and by making a reasonable interpretation of the provisions of the relevant criminal law judicial interpretation,and then solve the problem in reality.illegal violations.At the same time,by improving the "crime of infringing citizens’ personal information",adding "illegal use" as one of the contents of "infringement",and including the abuse of biometric information and falsification of biometric information into the scope of "illegal use",the post-event protection model of traditional criminal law has been transformed into a risk prevention model,which more comprehensively protects information security,personal rights and social public interests.