Research On The Protection Of Personal Biometric Information In Civil Law

In the era of big data,personal biometrics are widely used.Biometric information,as sensitive personal information,deeply reflects the physiological and behavioral characteristics of individuals,but there are risks of privacy disclosure and property loss in the process of use.Therefore,to balance the relationship between information utilization and protection is an important topic in the protection of personal information civil law.Clarifying the legal attribute of personal biometric information is the premise and foundation of civil law protection.At present,there is a debate between "right theory" and "right theory" in the academic circle.The manager argues that the right to profit biometric information is reasonable.Compared with general personal information,the protection of biometric information in civil law has the characteristics of limited use,pre-prevention,type differentiation and strict strengthening.At present,the legal protection provided to biometric information in our country is based on the protection of personality right.However,single protection of personality right can not provide the proper foundation and sufficient guarantee for the use and remedy of biometric information.Property rights and interests are generated and realized in the process of information circulation and processing,but there are differences in protection and restriction based on commercial purposes and public purposes.Theoretically speaking,property rights and interests meet the standards of fact,ethics and law,so it is legitimate to strengthen the protection of property rights and interests of biometric information.The protection of biometric information focuses on informing the consent rules.As a general rule of personal information,it can not adapt well to the special background condition of biometric information utilization.Specifically,due to the characteristics of biometric information attribute change,continuous risk and complex scene,the notification consent rule cannot meet the special requirements of restricted use,pre-prevention,type differentiation and enhanced protection in terms of application effect.When the use of information leads to the occurrence of risks or personal rights,property rights are infringed upon the result,relief is the last resort.In this special field of infringement,it is necessary to identify "procedural violation of law" as the act elements constituting infringement.As for the subject of tort liability,it should make a specific analysis and identification according to the specific situation of the identification technology stage,and recognize the risk as one of the forms of damage,and take the degree and scope of information exposure as the risk consideration factor.On the issue of liability,the dual liability principle is introduced as the basis of tort liability,the scope of compensation for mental damage is reduced,and the benefits gained by the information processor is taken as the calculation basis of compensation for mental damage.