Research On Human Face Recognition Information Rights Protection

Face recognition technology is widely used in access control,smart payment,identity verification,criminal investigation,epidemic prevention and control and other scenarios.Face recognition information is the personal biometric information generated in the process of face recognition technology application.In the face of many new illegal violations of face recognition information,under the guidance of the "responsive law",lawmakers need to determine special protection rules for face recognition information in subsequent legislation.On this basis,this paper conducts a relatively complete research on the protection of the rights and interests of face recognition information.The main content of this paper is divided into the following four parts:The first part starts from the theory,first of all,combined with China’s existing personal information protection norms,introduces the technical background of face recognition information and its concept and characteristics.Secondly,analyze the face recognition information and biometric information,privacy and other related concepts.Finally,the paper discusses the value and necessity of protecting the rights and interests of face recognition information from the perspectives of personal dignity,privacy and sensitive personal information.The second part focuses on the current status and main problems of face recognition information protection in China.First of all,the consent rules before the collection of face recognition information are not perfect,and the information subject is not free and fully aware of the consent;Secondly,the realization mechanism of face recognition information deletion right is not in place;Finally,the face recognition information infringement relief system is not perfect,the existing fault presumption imputation principle has limitations,and it is necessary to further incorporate face recognition information protection into the relief track of public interest litigation.The third part mainly expounds the characteristic legal system and general consensus of the protection of the rights and interests of face recognition information in the United States,the European Union and Japan,and combs out the reference experience for our country,that is,the governance ideas to distinguish the public and private subjects respectively and the administrative regulation of face recognition technology itself.The fourth part puts forward some suggestions to improve the protection of face recognition information rights and interests.First of all,hierarchical notification means and menu format clauses are used to inform,and different standards of consent rules are adopted when public power subjects and private subjects apply face recognition technology.The second is to add the exception of the right to delete,and establish the whole chain of face recognition information deletion right mechanism;Finally,in the face recognition information infringement relief according to the different torts of the use of fault presumptive responsibility and no-fault responsibility principle,while improving the face recognition information public interest litigation system,strengthen the state responsibility,and ultimately meet the current society’s urgent need to protect the rights and interests of face recognition information.