Research On Personal Information Protection In Application Of Face Recognition Technology

Under the background of the rapid development of technology,the complexity of personal information protection is unprecedented.At present,the legal protection of personal information under the application of face recognition technology in the world is quite important.States in the United States have put forward relatively strict restrictions on the legislation of face recognition technology,including strict restrictions on the collection,use and processing of face information,and the use of face recognition technology requires manual review and testing in order to prevent the misuse of face recognition technology to ensure the accuracy of technology implementation.In recent years,the European Union issued the latest laws and regulations,they unified the previous scattered personal information protection rules within the European Union,through the establishment of a strict legislative system and technical supervision system to regulate the application of face recognition technology.In view of the personal information protection under the application of face recognition technology,China should adopt a more open and inclusive attitude to achieve a proper balance of interests between the enhanced protection of face information and the application of face recognition technology.In China,with the promulgation and implementation of Civil Code,Network Security Law,Data Security Law and Personal Information Protection Law,the academic circle has discussed the distribution of rights and obligations of relevant subjects in personal information processing from different perspectives.Observing the current discussion,it can be found that there is a consensus on the necessity of personal information protection,and the focus of the debate is mainly on what is the legal basis of personal information protection and the legal approach to protect personal information.Specifically,on the basis of the right,whether the right of private law of personal information is established;on the protection path,whether personal information should be protected by private law,public law or comprehensive protection.At present,some scholars pay attention to the path of civil law protection,some scholars discuss the path of public law and consumer protection,and some scholars strongly propose comprehensive protection.As the protection of personal information needs the regulation of multiple department laws,its protection mode needs to include not only civil Angle,but also administrative Angle,criminal Angle and judicial Angle to protect.Therefore,this paper mainly adopts the proposition of comprehensive protection.It is clear that the legal regime for the protection of personal information cannot rely solely on relevant departmental rules,but must make special adjustments based on the complexity of the processing of personal information.This needs to be reflected in the uniqueness of institutional protection mechanism,which is not only different from the single mechanism of the department law,but also different from the simple superposition of the legal mechanism of different departments.The author mainly analyzes the problems of personal information protection under the application of face recognition technology from the perspectives of legislation,administrative supervision and justice.At the legislative level,firstly,the implementation mode of individual consent in the Personal Information Protection Law is unclear,which is mainly reflected in the unclear implementation mode of individual consent in specific scenarios.Second,the administrative penalty on face information discretion is too broad,mainly reflected in the punishment system set too broad and "heavy punishment deterrent" punishment provisions will bring great law enforcement flexibility to the supervision.Third,the criminal law for the violation of face information lack of effective regulation,mainly reflected in the criminal law of face recognition information incrimination standard is vague and the criminal law of personal information crime regulation scope is narrow.At the level of administrative supervision,first,there is the problem of different powers and responsibilities of administrative supervision subjects,mainly reflected in the professionalization and independence of the Internet and information departments,and an effective system to regulate the unification of powers and responsibilities of regulatory agencies has not yet been formed.Second,the administrative departments for the abuse of enterprise face information regulatory measures single lag.Third,the administrative department’s supervision efficiency of face information protection is low,mainly reflected in the high administrative supervision cost of personal information protection under the application of face recognition technology and the lack of professional knowledge and ability of the administrative supervision team.At the judicial level,first,it is difficult to determine the sole subject of responsibility in the process of judicial practice.Second,the face recognition public interest litigation system lacks operability,mainly reflected in the personal information protection public interest litigation related legal responsibility is not clear and for the personal information protection public interest litigation "many" is not clear.Because of this,the author thinks that in the legislative level,the first thing to implement face recognition under the application of separate agreed to the provisions of the rules in different scenarios,for online scene,set up a separate with the consent of the interface and set up special rules to meet "informed" and provide alternatives to users,for offline scenarios,complete the inform obligation and should be set to choose alternative.Secondly,it is necessary to refine the provisions of administrative penalty discretion,clarify the benchmark of administrative penalty discretion and from the perspective of individual cases,so that the process of administrative penalty discretion is stepped and refined.Finally,the perfect criminal law stipulation of face information protection,will provide more than five hundred illegal acquisition,sale,or face recognition information,shall be deemed to be "serious" prescribed in article two hundred and fifty-three of the criminal law,and illegally obtained,sell,or to offer the information of more than five thousand,the provision shall be deemed to be the "if the circumstances are especially serious," At the same time,expand the scope of regulation of personal information crime.At the level of administrative supervision,it is necessary to improve the unified power and responsibility system of administrative supervision institutions.First,the subject departments of public power need to clarify their respective functions and responsibilities and the application scope of technology in specific application scenarios.Second,establish an accountability mechanism for government agencies to use face recognition services.Secondly,the administrative department should take diversified regulatory measures,improve administrative licensing,certification,recommendations and other regulatory measures and form a normal pre-risk prevention mechanism.Finally,administrative departments should improve the regulatory ability of face information data security,regulatory agencies can be equipped with a professional knowledge structure of composite supervision personnel,can also set up professional technical posts and professional technical institutions,integration of the Internet,data mining and other emerging technologies to reduce regulatory costs,improve efficiency.At the judicial level,regarding the subject of liability,the first information handler should disclose the information of other information handlers that may exist.At the same time to refine the personal information public interest litigation system,correctly grasp the "infringement of the information rights of many individuals."...