Research On Legal Regulation Of Face Recognition Technology Application

Face recognition technology is a technology that collects face data for identification purposes.With the rapid development of Internet technology,face recognition technology has gained rapid popularity in the new historical period.From people’s daily life to the government’s security management,face recognition technology is used everywhere.However,we must also soberly see that while face recognition technology brings us convenience,efficiency and economic value,it also brings some negative effects in the process of application and has caused a lot of controversy.When controversies arise,the first thing to consider is whether the existing legal system in China and extraterritorially can effectively protect face recognition information.Therefore,in the current context of the big data era,it is urgent to pay great attention to the protection of personal information involved in the application of face recognition technology,and to design a face information protection scheme suitable for China’s national conditions by referring to the legislative experience of face recognition technology in foreign countries.Apart from the introduction and concluding remarks,the body of this paper is divided into four parts:The first part is an overview of the application of face recognition technology.Firstly,it introduces what face recognition technology is and clarifies the application scenarios and development trends of face recognition technology at the present stage.This is followed by an analysis of the risks that exist in the application of face recognition technology and the necessity of legal regulation.The second part is a reflection on the existing legal system related to face recognition technology in China.Specifically,the following loopholes exist in the existing legal framework: an inadequate system of laws and regulations,a failure of the "informed consent" rule,a vague scope of application of face recognition technology,an inadequate channel for post-event relief,an inadequate administrative supervision mechanism,and a lack of industry self-regulatory supervision mechanism.The third part is the comparison and reference of foreign legal systems related to face recognition,mainly analyzing two regions,the United States and the European Union.Among them,the EU mainly adopts the path of specialised regulation,and the bills and directives proposed for the protection of information in its territory are based on the principle of purpose limitation.The US,on the other hand,adopts a decentralised legislative protection model and mainly adopts a scenario-based regulatory approach to face recognition information processing.Through the study and consideration of the extraterritorial legal system,it will help to further improve the legal regulation system of face recognition technology application in China.The fourth part is a proposal to improve the legal regulation system of face recognition technology application in China.Drawing on the overseas paths and combining with the national conditions,perfecting the legal system of face recognition technology application in China can be improved from three major aspects,firstly,perfecting the legal and regulatory system,clarifying the legislative concept of face recognition technology application and applying the scenario-based regulation method;secondly,perfecting the relevant legal content,establishing dynamic informed consent rules,clarifying the application boundary of face recognition technology,and smoothly facilitating the infringement Finally,the relevant supporting system should be improved,a specialised supervisory body should be established,the supervisory system should be improved,and the role of industry self-regulation and supervision should be effectively played.