Research On The Improvement Of Criminal Legislation Of Personal Biometric Information

In the era of scientific and technological innovation,digitalization and intelligent transformation,the width and breadth of the application of biometric technology have been greatly expanded and improved.While biometric technology brings benefits to social management and epidemic prevention and control,the abuse of biometric technology,such as deep counterfeiting,is also followed by illegal and criminal behaviors.Personal biometric information is always "on a volcano of risk".In order to protect the healthy and long-term development of biometric technology,the criminal law circle has carried out a deep and long-term discussion on the protection of personal biometric information in criminal law.According to the current research results,personal biometric information,as sensitive personal information,relates to multiple legal interests such as personal dignity,life and property security,and should be paid more attention to by criminal law scholars.This paper will carry out specific research from the following four aspects:First of all,the concept and characteristics of personal biometric information are summarized,and the definition,characteristics,legal risks of personal biometric information and the types of infringement of personal biometric information of citizens are illustrated.Personal biometric information has the characteristics of direct identification,easy collection,can not be modified,irreversible damage consequences,and can not be dealt with anonymously.The crime of infringing personal biometric information may cause serious harm to individuals,society and the country.The types of behaviors that infringe on personal biometric information mainly include illegal acquisition and provision of personal biometric information,illegal use of personal biometric information,abuse of deep forgery technology to infringe on personal biometric information,etc.The second part of this article,and puts forward the protection for personal biometric information is still exist many problems and deficiencies,to individuals in the civil law,administrative law is not enough to effectively protect biometric information under the premise of the current criminal law protection also has certain problems,mainly into the standard sin is unknown,the scope of protection is still relatively narrow,sentencing plot is relatively single,etc.The third part of this article,using the method of comparative study,through the comparison of different legislative model,and the United States,the European Union,Japan,South Korea and other countries on the provisions of the personal biometric information and analyze the international law of development of the legislation of personal biometric information,to explore the difference of different legislative models,the trend of the personal information protection outside of summarized,In order to perfect the criminal legislation of personal biometric information,our country can learn the principles and provisions of other countries according to the national conditions.The fourth part of this paper puts forward the concrete path to improve the criminal law protection of personal biometric information.In order to curb the abuse of personal biometric information,criminal law,as the last means to protect personal biometric information,should do something.In the study of advanced Europe and the United States legislation experience and reflection of China’s practical difficulties,on the basis of construct and perfect the criminal law protection system of biometric information,optimize the boundary of the criminal regulation of biometric technology,improve the system of biometric information level of special protection,to abuse the behavior of the individual biometric information defined as crime.At the level of criminal law,the Civil Code and the Personal Information Protection Law are taken as references to specifically identify the target of the crime of infringing on personal biometric information and the standards for the crime.Varies between different sensitive degree of personal information,considering different types of personal information of legal interests violation degree,for personal biometric information should have special rules,a clear violation of personal standard biometric information crime into sin,to determine the infringement of personal biometric information crime border into sin,improve the system of personal information is classified.By means of different department laws,a perfect and unified personal biometric information protection mechanism is constructed by combining public and private means to strengthen the criminal protection of personal biometric information behavior.