Criminal Regulations For Illegal Application Of Biometric Technology

With the development of science and technology,the biometric identification market is developing rapidly.At present,the widely used biometric identification technology mainly includes fingerprint recognition,iris recognition,face recognition and so on.Biometric identification technology has been widely used in many fields of public security,public services and business applications,such as exit and entry management,criminal investigation,locating missing people,quick payment,access certification and so on.This technology has greatly improved the work and living efficiency of the whole society,but the hidden risks also come with it.In 2019,starting with the occurrence of "China's first case of face recognition",people gradually realize that face recognition information belongs to personal identification information and personal privacy,and realize the importance of face recognition information.However,not only the face recognition information,all the biometric identification information is very special personal information.Compared with other personal information,biometric identification information is unique and unchangeable,and it can generally identify individual citizens individually.If the biometric identification information is obtained or used illegally,it may lead to security problems such as fake identity,stolen user authorization and so on,which will bring great loss to people's property and even threaten their personal safety.The application of biometric identification technology cannot be without boundary.As the criminal law is an important link to regulate social behavior and protect citizen's personal and property safety,it is necessary to establish the criminal law boundary for the application of biometric identification technology.Hence,to protect personal biometric identification information,it is of great significance to discuss the criminal law regulation of the application of biometric identification technology in combination with the infringement of citizens' personal information.The application of biometric identification technology cannot be without boundary.As an important guarantee for regulating social behavior and protecting the personal and property safety of citizens,it is necessary to establish a criminal boundary for the application of biometric identification technology.Therefore,in order to protect the personal biometric identification information of citizens,it is of great significance to combine with the crime of infringing personal information of citizens,explore the criminal law regulation of illegal application of biometric identification technology.In this context,this paper takes the infringement of citizens' personal information as the entry point to study the criminal law regulation of biometric identification technology application,which is specifically divided into four parts.In the first part,biometric identification technology is systematically introduced,and biometric identification technology is summarized from two aspects of concept and application scenarios,which serves as the foreshadowing for the following legal analysis.The second part analyzes the criminal law regulation of biometric identification technology in theory.Based on the characteristics of secondary illegality of crime,this part follows the progressive logic that from general illegality to criminal illegality of of illegally applying biometric identification technology.First,it analyzes the possibility of violating laws and regulations such as the general principles of civil law,the law on network security,the law on consumer rights and interests protection,and then analyzes the possibility of violating the crime of personal information of citizens.Finally,the necessity of criminal law regulation on the illegal application of biometric identification technology is expounded.Biometric information is a part of citizens' personal information,and after being misappropriated,it may not only cause property damage to the identified person,but also make their identity counterfeit and other more serious risks.Therefore,it is necessary to let criminal law intervene to regulate the illegal application of biometric identification technology.The third part mainly expounds the deficiency of the current criminal law regulation on the application of biometric technology in China.Because the criminal law is the safeguard law of other departments law,when considering the criminal law question,also should have the related front law to deal with.Therefore,this part also involves the lack of regulation of the whole legal system of the application of biometric identification technology,as well as the collation and analysis of the insufficient protection of biometric identification information.The fourth part puts forward some suggestions for the deficiency of criminal law regulation mentioned in the third part,so as to realize the regulation of illegal application of biometric technology and the protection of biometric information.