Research On The Legal Regulation Of The Application Of Face Recognition Technology

At present,face recognition technology is widely used in China.On the one hand,it greatly improves the safety factor and efficiency of identification and authentication.On the other hand,there are also problems of illegal use of technology.The latter can be attributed to two categories: commercial illegal and illegal applications infringe on consumers’ personal information and technology flowing into the black industry for illegal and criminal activities,that is,the random circulation and application of technology and equipment.There are three reasons for these two types of problems: First,the existing laws and regulations have imperfect definitions and definitions for the use and processing of face recognition technology and personal information and face information;second,the research and development,production and There are no corresponding legal provisions to manage and restrict the behavior of the selling subject;third,the various application scenarios and application methods of the technology are not regulated separately.my country’s "Personal Information Protection Law" stipulates that the national network information department should promote the formulation of special regulations and rules for new artificial intelligence technologies such as face recognition.Although the implementation of this law has set some restrictions on the disorderly development and application of face recognition technology,there are only a few provisions for face recognition technology,and some legal loopholes can be found by comparing with problems in practice.There are no supplementary provisions for the above-mentioned issues,and there are still many ways to circumvent the law and continue to use face recognition technology illegally.How to regulate the problems existing in the application of face recognition technology is still an important and urgent research topic.This paper uses the methods of normative analysis,comparative analysis and case analysis to study the legal regulation of face recognition technology application.Through the analysis of the application status of face recognition technology,the difficulties in restricting the use of this technology and the imperfections of the current laws and regulations are found.Drawing on foreign judicial experience,it studies how to regulate the application of face recognition technology in my country,and puts forward suggestions for future special rules for face recognition,so as to achieve the purpose of legal application of technology and protection of personal information.Apart from the introduction and conclusion,the main body of this paper is divided into four parts:The first part is an overview of face recognition technology and applications.First of all,clarify the development status of face recognition technology at this stage.The personal information and collection behaviors that can be collected by face recognition may violate personal rights.Then analyze the current application subjects and application methods of face recognition.The algorithm-driven nature of facial recognition devices has led to considerable controversy over their legal regulation.The second part is the current laws and regulations related to the application of face recognition technology,the legal issues and reasons.Analyze how commercial face recognition technology infringes individual rights and analyze the serious consequences of using face recognition technology equipment for illegal and criminal activities to form a black industrial chain through the penalty cases of administrative organs.The problems arising in practice are placed under the framework of existing laws and regulations,and the legal problems arising in the application of face recognition technology are analyzed,showing the deficiencies of the current laws and regulations.The third part is the comparison and reference of foreign laws and regulations related to face recognition.Contrary to my country’s regulations,the European Union and the United States strictly prohibit the use of facial recognition technology by public authorities,but do not impose too many restrictions on commercial use.Analyze its prohibition and relaxation of application methods,and learn from relevant laws and regulations on face recognition to improve my country’s legal regulation system.The fourth part is the suggestion to improve the legal and regulatory system for the application of face recognition technology,which is the core content of this paper.In terms of face recognition technology research and development and monitoring equipment production,manufacturers should carry out qualification certification and filing systems to determine and improve access thresholds.From the perspective of platform responsibility,formulate industry standards and self-discipline guidelines,and establish effective measures for self-supervision and internal supervision of the industry.From the specific definition of personal information and household portraits,expand and clarify its scope.From the perspective of the subject of use and application scenarios,the subject of use and application scenarios should be clearly defined,and users should regularly report the application situation and information to the relevant departments for recordation.