Research On The Criminal Law Protection Of Face Recognition Information

Face recognition information is very widely used in social life,and at present,from personal identification to public security management,the application scenarios of face recognition information are getting richer and richer.As a kind of citizen’s personal information that can identify a specific natural person alone by using face recognition technology and can identify other situations of natural persons by combining with other information,face recognition information itself has the characteristics of subject uniqueness,high sensitivity,strong social attributes,irreplaceability,etc.In the process of technology application,face recognition information is easy to collect,highly correlated with other citizens’ personal information,cannot be anonymized,and irreversible damage.While bringing convenience to life,the use of face recognition information is also prone to the risk of personal rights infringement and social public security risks,which requires legal intervention to define the bottom line requirements for information protection.Relying on civil and administrative remedies can not fully realize the demand of face recognition information protection,criminal law should make necessary response to face recognition information protection based on the purpose of punishing crime,protecting human rights and the status of backing law and protection law,but the current corresponding protection strength of China’s criminal law is obviously insufficient and needs timely improvement.This paper will be discussed in the following five parts:In the first part,the author defines the meaning of face recognition information from the perspective of information specification and technical principle,discusses the characteristics of face recognition information itself and those presented in the process of technical application,and on this basis systematically explains the necessity of criminal law protection.In the second part,on the basis of clarifying that facial recognition information is indeed the personal information of citizens protected by criminal law,the author elaborates on the legislative history of the protection of citizens’ personal information in China’s criminal law,and conducts a comparative study of the legislative status of the typical overseas protection models of the United States and the European Union,followed by a definition of the legal interests protected by the current crime of infringement of citizens’ personal information in order to clarify the boundary of the involvement of criminal law in information protection.In the third part,based on the legislative research,the author researched the basic situation,behavior performance,behavior object and accountability of crimes involving face recognition information in judicial practice through case search in order to understand the current judicial adjudication status of crimes involving face recognition information.In the fourth part,the author analyzes the problems of the current criminal law protection of face recognition information,including the lack of clear boundaries of the criminalization of face recognition information,the incomprehensiveness of the types of behaviors regulated by the crime of infringement of citizens’ personal information,the difficulty in achieving the purpose of protection by criminal liability and the inappropriate path of regulating the infringement of information by downstream crimes.In the fifth part,in response to the shortcomings of the current situation,the author puts forward suggestions for improvement,such as clarifying the threshold of criminalization of face recognition information,increasing the types of behaviors that violate personal information crimes,clarifying the treatment of competing crimes involving face recognition information,and improving the sentencing mechanism of information crimes.In the background of the era of monitoring all over,citizens’ face recognition information faces more serious risk of infringement,and the protection strength of criminal law for face recognition information cannot adapt to the development status quo of information network society.In this paper,through the study of judicial protection of face recognition information criminal legislation,the author puts forward comprehensive,rich and feasible perfect suggestions with problem-oriented,in order to seek a balance between technical development and information protection,and reasonably develop technology to benefit people’s life under the premise of ensuring face recognition information security.