Research On Remedies For Infringement Damage Of Personal Biometric Information

With the development and evolution of personal biotechnology,personal biometric information has emerged.This type of personal information with special characteristics is processed through biometric technology,extracting physiological features that can identify and match the corresponding citizenship,and performing comparative verification on the information in the biometric database,thereby corresponding to the unique personal information of the citizenship data.Personal biometric information specifically includes private information such as fingerprint information,gene information,iris information,natural person physiological characteristics information such as voiceprint information,facial recognition information,auricle information,and natural person behavior information such as body information,gait information.Personal biometric information has characteristics such as immutability and uniqueness.If it is maliciously infringed by the information collection subject,it is difficult to compensate for the personal or property damage caused to it.The provisions on personal biometric information in China’s laws are mainly based on principles,which include personal biometric information in personal sensitive information by way of enumeration.The rapid development of modern Internet science and biotechnology has resulted in a certain lag in the legal protection of personal biometric information,leaving a gap in the legal protection of personal biometric information.However,the existing laws and regulations on personal information,sensitive information,and privacy information in China already have a certain degree of systematization.You can refer to relevant laws and regulations to set targeted legal protection rules for personal biometric information.In response to the problems existing in the above personal biometric information,this article studies what remedies can be taken when a personal biometric information infringement case occurs.Based on the original legal basis and combined with the actual application of personal biometric information,it proposes corresponding countermeasures for the problems existing in the legal protection of information.This article discusses from the following sections:Chapter 1:the introduction demonstrates that the civil legal protection of personal biometric information in China is not ideal,and there is a serious imbalance in tort and civil liability.It is necessary to conduct more in-depth research and provide more legal protection to meet the needs of a socialist society ruled by law with Chinese characteristics,so as to better protect the individual information rights and interests of citizens.Chapter 2:defines the concept of personal biometric information and analyzes the characteristics of personal biometric information such as uniqueness,immutability,and confidentiality.It is demonstrated that the legal protection of personal biometric information is conducive to regulating the reasonable scope of information collection by information collectors in judicial practice,clarifying the rights and obligations between the information collection subject and the collected person,thereby resolving disputes between both parties,and ensuring the legitimacy of the legitimate rights and interests of the public in personal information.Chapter 3:analyzes the current situation of personal biometric identification technology that may be subject to illegal use,information disclosure,and many other potential infringement risks during its use,and requires legal regulation to enhance the ability to control risks.This article demonstrates the damage relief situation of personal biometric information infringement,and demonstrates the complexity of the constitutive requirements of personal biometric information infringement liability from the aspects of the subject of personal biometric information infringement,the infringement behavior,the causal relationship between the harmful behavior and the harmful result,and the scale of the infringement damage,This article demonstrates the limitations of personal biometric information infringement damage relief from the existing liability principles and damage compensation standards.Chapter 4: proposes the issue of personal biometric information damage relief,analyzes the basis for infringement of personal biometric information from the perspective of domestic legislation,analyzes the standards for identifying infringement of personal biometric information,analyzes the lack of pertinence in personal biometric information legislation,lack of specific provisions on personal biometric information,and other legal loopholes,as well as loopholes in the assumption of liability for infringement of personal biometric information.Chapter 5: Construct a relief mechanism for personal biometric information infringement damage,attach importance to targeted legal protection of personal biometric information from three legal perspectives: civil,criminal,and administrative,study the provisions of personal biometric legislation that are consistent with China’s basic national conditions,and seek the agreement between the principles and spirit of legislation and the actual judicial situation.Clearly stipulate personal biometric information,improve the scope of information collected by personal biometric information Processing,storage,and processing rights,to fill the legal gap in the relevant provisions on the processing rights of personal biometric information.In addition to effective legal containment and regulation,it also constructs a social responsibility bearing system for personal biometric information,advocates social coordination and co governance,and fully protects the legitimate rights and interests of citizens in personal information.