| With the implementation of real-name registration system in China,the application and popularization of facial recognition technology has reached a new stage.As a facial recognition technology with special advantages among other identity recognition technologies,its application scenarios have spread to every aspect of people’s daily life,including those where people can choose whether to use facial recognition technology or not,and those where people cannot choose and are forced to use facial recognition technology;including expanding commercial application scenarios and administrative application scenarios where facial recognition technology is used to improve administrative efficiency.With the continuous development of science and technology,people’s awareness of rights and privacy is also constantly improving.When conflicts occur,we should begin to reflect on whether the existing legal framework in China and abroad can guarantee the information security of facial recognition,then consider how to reconstruct the legal regulation of facial recognition information to ensure the security of facial recognition information when the protection is insufficient and the regulatory framework is not perfect.In this paper,firstly,the security risks of facial recognition information caused by the application of facial recognition technology are analyzed and combed,and the potential information security problems are summarized.Specifically,on the one hand,with regard to the side risks of facial recognition technology,many attack tests have broken the operation mode of facial recognition technology,which indicates that the existing technology is not mature enough to guarantee the recognition accuracy and information protection ability,and the technology needs to be continuously developed and improved.On the other hand,this paper is divided into three parts to discuss the inherent information security risks of facial recognition information:First,facial recognition information,as biometric information,has a higher degree of sensitivity,irreplaceability and secrecy than the information involved in traditional identification technology;secondly,as human facial recognition information,the use of facial recognition technology is non-contact and concealed.At the same time,facial recognition technology is backed by a giant information base,which will inevitably cause snowball-like negative effects once leaked;finally,as sensitive personal information,abuse or misuse of facial recognition information may lead to disputes over personality rights such as portrait rights and privacy rights,and even involve individual basic human rights and other rights and interests.In view of whether the legal regulation of facial recognition technology in China can solve the above risks and ensure the information security of face recognition,this paper reflects on the existing legal framework and judicial practice in China.After combing,it is found that as for legislation,the existing legal provisions for facial recognition information are distributed everywhere,and the legal protection of the rights and interests related to individual facial recognition information is weak;for legal practice,disputes related to facial recognition information often need to be resolved through other rights carriers.Specifically,from the perspective of different subjects related to facial recognition information,the existing legal regulatory framework has the following loopholes:the protection of individual legal interests of facial recognition information subjects is not comprehensive enough;the boundary of facial recognition information implementation by the control subject of facial recognition information is not clear enough;the whole process supervision of facial recognition information supervision subject is absent.From the prospective of regulatory process of facial recognition technology application,the existing legal regulations in China are not enough to provide pre-prevention mechanism and post-relief mechanism for the whole process of facial recognition technology application.Existing problems should be solved when they are known.In order to solve the problem,this paper combs the path of extraterritorial legal regulation and reflects on the way of protecting the information security of face recognition,focusing on the United States and the European Union.Among them,the legislation and regulation related to the security of facial recognition information in the United States clearly defines the unique generation process of biometric information,and mainly adopts the scene regulation path in the regulation of facial recognition information processing and application;however,the EU has mainly adopted the specialized regulation path,and all the bills and directives headed by GDPR are based on the principle of purpose limitation,and have made legal regulations on information protection within the EU.Rethinking these regulatory paths and supporting measures can provide some reference for reconstructing the legal regulation of facial recognition technology in China.For example,the scene regulation path in the United States distinguishes the different problems of facial recognition information security between administrative application scenarios and commercial application scenarios,which is of reference significance to the unclear boundary of facial recognition information control subjects in China,and helps China to carry out differentiated regulation on different risks arising from facial recognition information in different scenarios.The EU’s specialized regulation path is also helpful to clarify the legal interests of the subject of facial recognition information in China in legislation,and to clarify the civil,criminal and administrative supervision for the legal issues related to facial recognition information in Chinese judicature.Based on the above reflection on the existing risks,the current situation of China’s legal regulation and the path of extraterritorial legal regulation,this paper analyzes and reconstructs the legal regulatory framework related to facial recognition information.Drawing lessons from the extraterritorial path and combining the national conditions,the relevant legal regulatory framework reconstructed in this paper is mainly divided into two parts by two different paths.First,it is to set up a special legal regulatory framework for facial recognition under the path of specialized regulation,which mainly includes:centralized management at the legislative level to clarify the relevant legal interests of facial recognition information subjects in China;at the judicial level,we should further improve the civil relief system,criminal attack system and administrative supervision system for legal issues related to facial recognition information.Secondly,the different risks of administrative application and commercial application of facial recognition technology are considered under the scenario regulation path:aiming at the administrative application scenario,the distribution of regulatory focus between public and private sectors is clearly distinguished,and the regulatory path of the government as the main body of information control outside the country is used for reference to ensure that the principle of proportionality is truly practiced when dealing with the information security of face recognition;in view of the commercial application scenario,the enterprises with facial recognition information database should clearly stipulate the compliance system of facial recognition technology application,and set up the risk prevention mechanism in advance and the remedial measures mechanism afterwards.It is precisely because of the importance of facial recognition technology to social progress and the importance of facial recognition information to individuals that many complex factors need to be considered.As a legal product,this paper puts forward the above framework suggestions in order to provide reference for the development of facial recognition technology in China,so that the information security of facial recognition can be further guaranteed during the continuous development and popularization of facial recognition technology,and finally the balance and harmony between technological innovation and legal regulation can be realized. |
