Criminal Law Protection Of Citizens’ Face Recognition Information

The rapid development of face recognition technology has greatly facilitated our lives,but since the "first case of face recognition in Hangzhou",more and more people have realized that if face recognition information is illegally obtained or used,it may lead to very serious consequences.The Penal Code must do something in the field of protecting citizens’ facial recognition information.Therefore,in order to protect citizens’ face recognition information,it is very necessary to explore the basic attributes of face recognition information and explore the shortcomings of the current criminal law in the field of protecting citizens’ face recognition information,and then put forward perfect opinions.In this context,in order to achieve the comprehensive protection of citizens’ face recognition information in the Criminal Law,the article discusses this issue in four parts.The first part of the article is the dilemma of criminal regulations that infringe on citizens’ face recognition information.By quoting judicial judgments,the current deficiencies in the criminal law in regulating the infringement of citizens’ face recognition information are introduced,including: first,it is impossible to effectively regulate the illegal circulation type of infringement of citizens’ face recognition information;second,it is impossible to correctly evaluate the illegal use of illegal use of citizens’ face recognition information;third,the system of informed consent principle is not clearly positioned;fourth,there is a situation of incompatibility between the Criminal Law and the relevant provisions of the predecessor law.The second part of the article analyzes the causes of the dilemma of criminal law regulation.Specifically,it includes: first,insufficient understanding of the particularity and importance of face recognition information;second,the deviation from the center of the criminal legal system;third,the unclear positioning of the legal benefits of the protection of the crime of infringing on citizens’ personal information.The third part of the article discusses the properties of face recognition information.First of all,it is clarified that face recognition information belongs to "citizens’ personal information" in the sense of criminal law;second,it is clarified that the rights and interests of face recognition information are specific personality rights;and finally,it is clarified that the legal interest in the protection of the crime of infringing on citizens’ personal information should be the personal legal interest of personal information rights.The fourth part of the article discusses the improvement path of China’s criminal law face recognition information protection system.Specifically,it includes: First,the criminalization of acts of infringing on citizens’ face recognition information.Including the criminalization path of illegal circulation type infringement of citizens’ face recognition information and illegal use of illegal use of citizens’ face recognition information;second,clarify the crime of infringing on citizens’ face recognition information,including clarifying the criminalization function of the principle of informed consent and improving the legal benefit protection interest measurement mechanism for face recognition information.Third,to correctly determine the nature of the act of providing technical assistance,the act of assistance should be normalized to help convict and punish the crime of information network criminal activities.