Research On Legal Protection Of Personal Information Based On Face Recognition Technology

Under the guidance of emerging technologies such as artificial intelligence and cloud computing,face recognition technology itself has undergone an essential leap.The application of face recognition technology widely exists in every scene of our life.While bringing us convenience,efficiency and economic value,the application of face recognition technology also has a negative impact and caused a lot of controversy.For example,in China,the entertainment software "Zao" caused a boom because of its novel face changing function,but it exceeded its authority to collect and store personal face information,and some provisions of the user privacy agreement also violated the provisions of laws and regulations;Facebook,a well-known foreign social networking site,has been sued repeatedly by users for a common function of face recognition technology,and even triggered class actions by foreign groups.Face recognition technology uses a series of negative news of infringing personal information,which causes the general public and some professionals to fear it,and also makes people from all walks of life begin to care about their own facial information.At present,there is no special regulation on biometric information including face recognition information in China’s laws,and even the personal information protection law(Draft)is still under consideration by the Standing Committee of the National People’s Congress.China’s current "network security law","consumer protection law" and other provisions for the protection of personal information are summarized in principle,while the face recognition information is "package" protection within the scope of personal information.The legislative defects such as the absence of provisions on the collection,storage,use and processing of face recognition information and the absence of detailed description of the qualification and authority of the information collection subject have triggered a chain reaction,which has affected the law enforcement of the administrative organs and made it more difficult for the victims to provide relief and safeguard their rights.As for the dilemma of personal information protection in China,this paper makes a trade-off of foreign experience by referring to the legislative practice,law enforcement and judicial experience of the European Union,its countries and the United States,combined with China’s actual situation,in order to promote China’s personal information protection system to a new level.This paper consists of four parts: in the first part,the concept and characteristics of personal information and face recognition technology are described,and the underlying logic of the formation of face recognition information is roughly understood;This paper expounds the advantages and suitable application fields of face recognition technology,and discusses the current situation of the application of face recognition technology: the threshold is decreasing,the value is increasing,and the field is expanding.The application of technology will inevitably have problems,such as the immaturity of new technology leads to higher security risk.The second part,from the legislative overview,law enforcement practice and judicial activities to discuss three levels,to make a brief introduction of the current situation of personal information legal protection under the face recognition technology in China.In addition,three typical cases are added to point out the shortcomings of current legal protection and analyze the problems.The third part introduces the legal provisions and judicial status of the European Union and the United States in the field of legal regulation of face recognition technology,as well as the construction and development of foreign personal information protection system,so as to provide direction and ideas for the improvement of China’s legislation.The last part,from the perspective of legislative system construction,administrative supervision,judicial relief and industry self-discipline,puts forward some suggestions on the construction of relevant systems to standardize face recognition technology and protect personal information.