Research On Private Law Protection Of Face Recognition Information

With the development and popularization of face recognition technology,face,as a unique and universal information carrier,has gradually evolved into a part of personal digital information,namely face recognition information.Compared with the general biometric information,face recognition information presents unique and difficult to modify,exposed one-time and non-anonymous and easy acquisition and acquisition process unknown;Compared with traditional personal information,it has stronger personality attribute,multi-dimensional property value and more information connotation.This particularity determines that face recognition information contains personality rights,property rights and privacy rights,and is a new type of personal information with comprehensive rights and interests.This kind of biological information is not renewable,"once leaked,you can’t have a second face",and illegal collection,illegal processing and leakage problems can also cause immeasurable and irreparable damage.Through the analysis and research of China’s private law norms and a large number of documents,it can be seen that neither the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)nor the newly issued Personal Information Protection Law of the People’s Republic of China(hereinafter referred to as the Personal Information Protection Law)provide direct protection for facial recognition information.The Provisions of the Supreme People’s Court on several issues relating to the application of law to civil cases involving the use of face recognition technology to deal with personal Information(hereinafter referred to as the Judicial Interpretation of Face Information)broke the previously elusive provisions and provided a certain legal basis for the protection of face recognition information.However,it still follows the previous legal interest protection mode,which can not protect the face recognition information to the greatest extent.In contrast,the "personality right theory","property right theory" and "privacy right theory" discussed in the academic circle all emphasize the protection of some legal interests while ignoring the other part of legal interests,which is too one-sided.Therefore,clear face recognition information of personal information attributes,conducive to the owner of the informed consent principle,legal,legitimate,necessary,good faith principle,open,transparent and other principles of establishment.At the same time,it is helpful to clarify the specific processing rules of face recognition information,the obligations of personal information processing,the rights of the information right holder and the infringement liability of the infringement of face recognition information.On the premise of making it clear that face recognition information belongs to personal information right,two kinds of protection means are discussed and studied,that is,the prior protection of informing consent rule and the post protection of tort relief.With the promulgation and appearance of "Personal Information Protection Law" and "Judicial Interpretation of Facial Information",the consent rule has taken a preliminary form,but from the point of view of concrete implementation,it is still not mandatory.Compared with foreign countries,there is still a certain gap between strict notification obligations,explicit ways of consent expression and specific effective requirements.Only by clearly informing the important role and status of consent rules in the protection of face recognition information,can a firewall be built before the damage begins,blocking the basis of information flow,so as to kill the subsequent infringement and loss expansion in the cradle.At the same time,in order to avoid being top-heavy and provide comprehensive and systematic protection,the post protection of tort relief plays an important role that cannot be ignored.For the new type of personal information,in order to fit and play the tort relief,it must be analyzed in detail,and the principle of liability is the first issue to be considered.By analyzing the particularity of the object of tort and the characteristics of tort itself,the conclusion of multiple imputation principle is drawn.After solving the primary problem of tort relief,this thesis focuses on the analysis and research of tort acts and damage consequences in the constitutive elements of tort.Face recognition information infringement is mainly divided into three parts,are the collection stage,processing stage and use stage,each stage presents different characteristics,which leads to damage consequences are not the same.The first type,illegal collection or processing of facial recognition information brings direct mental damage and property damage.The second type,"anxiety" because of worry and fear of future damage(mental impairment);To pay for the prevention of damage caused by fear of future damage to property,etc.(property damage).For the second type,"risk damage compensation" is proposed,so as to expand the identification of intangible damage to solve the problem that individual damage is difficult to compensate.Through two means to form a strict protection before and after,in order to provide thinking and reference for the protection of face recognition information private law.