Research On Legal Regulation Of Biometric Information

In November 2020,the central comprehensive law work meeting,General Secretary Xi Jinping pointed out that "should actively promote the innovation in national security,science and technology,public health,safety,and ecological civilization,risk prevention,important areas,such as foreign-related law legislation,be badly in need of the legal system of the national governance,the good life is to meet people’s increasing need essential legal system,We will ensure the healthy development of new forms and models of business through good laws and governance".Among them,the multi-dimensional risks and legal challenges in the fields of "scientific and technological innovation" and "biosecurity" are prominent.Such intelligent technology issues are of self-evident importance to the construction of socialist rule of law in China,and the construction of rule of law in the digital industry needs to be strengthened.In recent years,biometric technology has become the norm in digital life.Fingerprint recognition,face recognition,gait recognition,iris recognition and so on have become an important part of urban management and construction.The market of biometrics industry continues to expand,and the vigorous development of technology brings many problems and challenges.On the one hand,there are frequent biometric lawsuits at home and abroad.Searching for keywords such as "biometrics" and "face recognition" on The Adjudication documents website of China,it can be found that the number of related lawsuits has been increasing in recent years.On the other hand,the ethical issues,technical threats and legal risks of biometric technology have been widely concerned and discussed by the society.On December 21,2020,the Legislative Affairs Commission of the Standing Committee of the National People’s Congress said,"The application and development of face recognition and other new technologies have brought many new challenges to the protection of personal information.The Legislative Affairs Commission of the NPC Standing Committee will further solicit opinions and conduct in-depth studies and argumentation on relevant issues."In recent years,the research of biometrics has increased in the fields of law,ethics and information science,but there is a lack of systematic analysis and research on the process of biometrics technology and the way of biometrics information transmission from a multidisciplinary perspective.If we ignore the attributes and characteristics of biometrics technology itself and talk about risks,it will lead to the lack of practicality and scientificity in the research conclusions of follow-up regulation and guidance path.At the same time,the legal protection of biometric information research is scattered and interactive areas such as civil law,criminal law,administrative law research is insufficient,can easily lead to ignore the citizens’ personal rights of one-sided pursuit of technology development and national security,or excessive pursuit of personal information protection and the limit of biometrics industry innovation,is not conducive to built the rule of law system of biometric information.Based on this,this study is divided into four parts.The first part,combined with the theory of law,communication and ethics,differentiates the definition of common technical type and the definition of scene of biometric information.Based on the study of ethical values and legal attributes,the paper combs the evolution of communication characteristics of biometric information and the development of communication network,and further discusses the construction practice of the integration of biometric information and human society.The second part analyzes the rights infringement risk and compound social risk of biometric information transmission from individual dimension and social dimension.Classification and classification strategies can make the research on technology transmission risk more comprehensive,and at the same time have a deeper insight into the causes and logic of risk formation.The third part,based on the research on the top-level design of biometric information protection in China,the system of rule of law and the evolution of emphasis,points out the construction and deficiency of the system of rule of law at the macro level,including the low level of biometric information origin,the scattered legal system and the absence of legal relief and supervision measures.The exploration and deficiencies of behavior regulation at the micro level include the failure of "informed consent" framework,the conflict between the principle of "minimum necessity" and the development logic of the data industry,and the heterogeneity and fragmentation of the practice of rule of law.The fourth part,the biometric information transmission in our country the construction of the rule of law framework path,with scientific data ethics as the basis of biometric information system under the rule of law,through the perfect legal provisions to protect the object biometric information,promote a number of legal correlation and specification information flow scenarios target unity to maximize the rigor of biometric information system under the rule of law,systemic and full.Establish national biometric information database,set up biometric information security review and certification department and enterprise "personal information protection commissioner" to perfect the biometric information dissemination supervision system.This study comprehensively explores relevant theories of law,communication and ethics,in order to enrich the multidisciplinary theoretical research system of biometrics,respond to the rule of law construction plan of "scientific and technological innovation" in China,contribute to the exploration of legal protection practice of biometrics information,and contribute to the rule of law construction of digital society.