The Criminal Law Protection System For Facial Recognition Information

Since China entered the information society,the demand for the use of facial recognition technology has grown rapidly,information security is facing a high degree of risk,and the improvement of the legal protection system for facial recognition information is imminent.In the field of civil law,laws such as the Personal Information Protection Law,the facial Recognition Regulations,and the Consumer Rights and Interests Protection Law cooperate with the Civil Code,and relevant academic research has become increasingly.However,in the field of criminal law,the systematic discussion has not yet been carried out,so this article will start from the perspective of criminal law,explore the specific path of criminal law protection of facial recognition information,and discuss the connection between criminal law,civil law and administrative law.Specifically,the full text is mainly divided into the following four chapters:The first chapter introduces facial recognition information.Through the display of the processing process of facial recognition technology,the concept of facial recognition information is expounded,and the difference between facial recognition information and facial data and health physiological information is analyzed,laying a foundation for the development of the criminal law protection path discussed below.Facial recognition information has the characteristics of uniqueness,stability,sensitivity and ease of collection,is highly correlated with the personal body of the information subject,and has a strong personal legal interest attribute.At the same time,facial recognition information has an important function in social public management and is related to group interests,so it has certain social legal benefit attributes.When providing protection for human facial recognition information,the Criminal Law shall pay attention to the compound legal benefit attributes of facial recognition information and balance the relationship between protection and utilization.The second chapter discusses the need for the Criminal Law to provide enhanced protection of facial recognition information.Facial recognition technology has a natural negative effect in the application process and can become a breeding ground for the black ash industry.However,the development trend of the facial recognition information industry cannot be stopped,and individuals are in an absolutely weak position in the pace of overall social development.Therefore,under the requirements of the principle of risk prevention and the principle of balance of interests,the criminal law should intervene in a timely manner to prevent and resolve risks,standardize the processing of facial recognition information,ensure the security of facial recognition information,and promote the healthy development of the facial recognition information industry.The third chapter,as the focus of this article,discusses the criminal law protection path of facial recognition information.Starting from combing through the typical behaviors of infringing on facial recognition information,a regulatory system for the crime of facial recognition information is constructed with the crime of infringing on citizens’ personal information as the main crime and supplemented by data security crimes.As a typical means of adjusting the crime of facial recognition information,the crime of infringing on citizens’ personal information should consider the implementation effect of the informed consent mechanism and the degree of necessity of the purpose of the information processing act,and comprehensively judge the harmfulness of the facial recognition information processing act.When determining "serious circumstances",this paper draws on the german field principle classification,based on the value of human dignity contained in the facial recognition information,and protects the facial recognition information as the core field information,so as to draw the conclusion that 50 or more articles of facial recognition information infringement are identified as "serious circumstances",and realize the strengthening of the criminal law’s protection of facial recognition information.The last chapter introduces the articulation mechanism for the criminal law protection of facial recognition information.To improve the legal protection system for facial recognition information,it is necessary to give full play to the synergy of public and private laws under the guidance of the Constitution.Private law pays attention to the confirmation of the right to facial recognition information,protects the information subject’s right to self-determination of information,and public law should guarantee the exercise of the right to self-determination of facial recognition information,and standardize the processing process of facial recognition information.The criminal law acts on the basis of civil rights confirmation,and civil remedies make up for the deficiencies in the protection of the criminal law,and the concept of "first the punishment before the people" or "first the people before the punishment" should be avoided.Administrative law and criminal law are both public laws,clarifying the functions and powers of administrative subjects,and unifying the criteria for determining "serious circumstances" in the two laws,which is conducive to improving the connection between administrative responsibility and criminal responsibility.