Research On The Legal Protection Of Consumers’ Personal Biological Information Based On Face Recognition

With the development of society and science and technology,the use of face recognition technology from the use of public power gradually toward the consumer field,hotels,stores and places with access control are used.Consumers get a better experience by "brushing their faces" without knowing that their biometric information has already been accessed by others.Due to the absence of supporting laws and government supervision,this technology has the potential risk of infringing consumers’ rights and interests,and even there is a black industrial chain behind it.In order to make face recognition technology seek better development in the consumer field,we must improve the corresponding legal protection system,regulate face recognition technology,and protect the rights and interests of consumers.This paper consists of four parts,excluding the introduction and conclusion.The first part is an overview of the consumer’s personal biological information based on face recognition.Through the analysis of the application of face recognition technology in social life,this part finds that face recognition technology can quickly and accurately obtain consumer personal biological information,and defines the consumer personal biological information,and finally proposes that because of the high recognition,exclusive and unique of consumer personal biological information,If a large number of leaks or abuses will bring danger to consumers,society,and the country,it needs special protection.The second part--the legal protection dilemma of consumer’s personal biological information based on face recognition.This part analyzes the current situation of the implementation of consumer personal biological information protection laws,summarized in the legislative,administrative,judicial protection in three aspects of the existing problems.There is no special legislation and special protection.Lack of specialized supervision institutions and effective supervision measures;It is difficult to combine legal provisions with judicial practice。The third part is the investigation of the extraterritorial law of consumer personal biological information protection based on face recognition.This part analyzes the special legislation mode of the United States and the comprehensive legislation mode of the European Union,and puts forward the special legislation protection mode that our country should adopt.While supporting the development of technology,the state should put the protection of consumers’ rights and interests in the first place.At the same time,it should stipulate the regulation of face recognition technology in different stages,so as to protect this special and important rights and interests in an all-round and multi-angle way.The fourth part-based on face recognition of consumer personal biological information legal protection perfect path.Based on the previous research,this part puts forward specific suggestions for the legal protection of consumers’ personal biological information in China.In terms of legislation,special legislation on the protection of consumers’ personal biological information based on face recognition should be accelerated to distinguish the conditions and scope of public benefit use and private benefit use,as well as the responsibilities to be borne after breaking the law.Administratively,special regulatory departments should be set up to strengthen regulatory measures,implement regulatory responsibilities,and regulate before,during and after collection respectively.Judicially,the civil litigation relief mechanism for the damage of consumers’ personal biological information rights shall be established,and such infringement cases shall be included in the scope of public interest litigation of the procuratorate.