On The Right Conflict And Resolution Of Face Recognition Technology Application

Type face recognition technology is considered from the mobile Internet important entrance,the shift towards intelligent Internet is increasingly applied in all walks of life,constantly for different complex scenarios,as well as huge amounts of the diverse needs of users to provide the support,for the implementation of the industrial innovation activities,given the technical possibilities,is to perfect the core to solve the problem of intelligent industry one of the key.Given facial recognition technology of naturalness,non-mandatory,concurrency,the characteristics of non-contact,makes it the artificial intelligence in the era of big data surpass the restriction of the Internet and offline development technology,remote collection of the citizen’s personal information,respectively,by a large number of applications in the financial payment,business information identification and forensic,within the scope of government regulation and other fields,but the face recognition technology core facial information is a kind of sensitive information of the individual,has the dual nature of the personality right and property right,in the process of face recognition technology applications,will inevitably involve the invasions on the rights of individual subject,With the emergence of the first case of the application of face recognition technology in China,the risks and rights conflicts caused by the application of face recognition technology have attracted extensive attention.For the practical problems in the application of face recognition technology,this paper mainly analyzes and solves the conflicts with the right to know and the right to privacy in the application process.In terms of privacy,the protection of facial information is only limited to the protection of personal information,ignoring the social attributes such as personal dignity represented by the face,as well as the individual personality traits that can be analyzed by facial information.At the same time,for the reasonable use of enterprises,it is impossible to guarantee the scope of authority for the use of facial information data from the perspective of trade secrets.The narrow scope of trade secrets also limits the management right of reasonable enterprises.In terms of the right to know,due to the absolute advantage of public power in the use of technology,citizens are forced to collect facial information and have no right to choose by themselves.Secondly,in order to ensure the circulation of data and the development of economy,the right of informed consent is still marginalized and blurred,which affects the protection function of informed consent rules on facial information.At the same time,due to the need to protect public security,the right to know facial information collected through face recognition technology is completely transferred to public security,and there will inevitably be rights conflict between the private subject’s right to know and public security.In order to alleviate the above conflicts,first of all,face recognition technology should be referred to the value of the application,it can be used to clarify the situation and scope;Secondly,according to the different subjects of face recognition technology application,different rights boundaries of different subjects in use are established.In different subject of face recognition technology application demand,produce different rights should play in the law on the basis of the predictability of strengthen the management of facial recognition technology,properly handle the technology using needs and individual rights protection,the use of technology can not at the expense of the citizens’ legitimate rights and interests,and protection of rights,to do some concessions for the development of technology,The two should reach a dynamic balance to better solve the problem of rights conflict brought about by the application of face recognition technology.