Research On The Infringement Of Personal Biometric Informatio

In the context of today’s big data era,automation technology has developed rapidly,and biometric identification technology has brought people new life experience and improved work efficiency.Traditional identity recognition has been gradually replaced by biometric technology.Face recognition technology has the advantages of non-contact.At present,it is widely used in customs entry,financial payment,passage verification and other fields due to its low threshold of use.However,the development of technology will continue to compress the security space of biometric information.In the process of application,biometric technology faces problems such as privacy disclosure,reputation infringement,discrimination,prejudice and unfair treatment.It has become an urgent need to protect the security of personal biometric information.This paper aims to explore the connotation of personal biometric information,the protection path of personal biometric information infringement and the identification of personal biometric information infringement liability,and propose corresponding solutions.The first part of this paper puts forward the problems existing in the infringement of personal biometric information.First,it introduces the current situation of the difficulty in determining the illegality of the infringement,and puts forward the question whether the use of photo and video algorithm synthesis is infringing;Secondly,it introduces the fact that the infringement damage is difficult to calculate,and raises the question whether the fact of damage contains the potential risk of infringement;Finally,it introduces the dilemma that causal relationship is difficult to identify,and raises the question whether the high probability of proof can be reduced when the ability of proof of both parties is seriously unequal.The second part analyzes the connotation of personal biometric information in depth,points out the essence of biometric information: it is identifiable,processed by biometric technology,and has the right appearance of electronic data,and distinguishes the concepts of biometric,biometric samples and biometric information,and defines the scope of biometric information,genetic information and health information.The third part discusses the path protection of personal biometric information infringement,discusses the feasibility and shortcomings of the protection from three aspects: the right of privacy,the right of portrait,and the right of reputation,and draws the conclusion that the protection method of biometric information should adopt multiple paths.The fourth part analyzes the specific identification methods of the infringement elements of biometric information.For the elements of illegality,we should first examine the object of the infringement.The collection of biological samples alone may not be illegal,but it is illegal to extract biometric information based on the collection of biological samples.In view of the factual elements of damage,risk damage should be included in the scope of protection.In view of the causal relationship elements,in view of the serious inequality in the capacity and position of proof of the original and the defendant under special circumstances,the principle of mitigation of the burden of proof should be adopted to allocate the burden of proof.