Research On Consent Rules For Facial Recognition Feature Information Collection

With the wide application of face recognition technology in the era of big data,"face brushing" has been used as a daily identity authentication method."Brushing faces" not only brings convenience to life,but also raises people’s concerns about personal information leakage.As one of the legal bases for the collection of facial recognition feature information,the notification and consent rule should not only see its application dilemma,but also improve the rule so that it can fully play its role in practice.The problems exposed by the application of consent rules are discussed,the causes are analyzed,and the solutions to the corresponding problems are further explored,so as to improve the consent rules in the collection of facial recognition feature information.Whether it is general personal information or sensitive personal information such as facial recognition feature information,the application of consent rules will face difficulties.This includes the information processor’s performance of the obligation to inform only in form,and the information subject’s unfreedom of expression due to the unequal status of the information subject and the information processor.Even if a separate consent rule based on the notification and consent rules is applied,the protection of facial recognition feature information still faces the dilemma of unconscious collection.The reasons for the dilemma in the application of consent rules are attributed on the one hand to the lack of supervision,resulting in the abuse of facial recognition technology,and on the other hand,to the fact that the current laws and regulations still have certain limitations on the provisions of consent rules.In order to reverse the situation that consent rules have become a formality,it is necessary to protect personal information at different levels,distinguish the scenarios in which face recognition technology is used,solve the dilemma in separate consent rules by introducing a dynamic consent model,and prevent the abuse of face recognition technology,strengthen the notification obligation of information processors and establish special institutions to supervise information processors.