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

With the advancement of face recognition technology,the application scenarios of face recognition technology continue to expand.The use of this technique is becoming more and more common.While using face recognition technology,many operators ignore their potential technical risks and legal risks,thus threatening the security of citizens’ personal information and creating an imbalance between technological progress and the protection of citizens’ rights.On the basis of introducing the application status of face recognition technology,this paper analyzes the potential infringement risk and upstream risk of face recognition technology application,and further expounds the dilemma of rights protection under the existing legal framework.By studying the personality attributes of face information and the basic principles of legal regulation of face recognition technology,this paper demonstrates the necessity and feasibility of legal regulation of face recognition technology in theory.Finally,referring to the experience of data protection and technical regulation in Europe and America,and based on the actual situation in China,the legal regulation system of public law path and private law path is designed.The main body of the article contains four parts.The first part classifies the application scenarios of face recognition technology,combines the characteristics of face information,focuses on the analysis of the application characteristics of face recognition technology,including the uniqueness of the information source,the autonomy of the recognition process and the correlation verification.The application of face recognition technology has the problems of technology abuse,information leakage and algorithm discrimination.In addition,face information has strong personal attributes,which brings a series of potential risks to the privacy and fair trade rights of information subjects in the application process.Once these risks occur,losses will be difficult to recover.The second part analyzes the theoretical basis of legal regulation on the application of facial recognition technology.This part deeply analyzes the legal attributes of facial information,makes clear that personality attributes are the fundamental attributes of facial information,and explores the theoretical basis of legal regulations of facial recognition technology,in order to clarify the legal regulation of facial recognition technology necessity,basic ideas and basic principles.The third part analyzes the experience of the United States and the European Union in face recognition application regulation and data security protection.The international legislation on data protection and restriction of face recognition technology is becoming more and more mature,especially in the United States and the European Union.Their regulation methods of face recognition technology and face information protection path are worth learning from.The fourth part based on the above research,proposes that the path design of legal regulation for face recognition should adopt the parallel architecture of dual regulation paths of private law and public law.In the private law,the operability of informed consent principle is improved to ensure that the real will of information subjects is fully respected in the whole process of collection and use of face information.In public law,we should focus on risk assessment and prevention in advance,improve and refine administrative law enforcement and public interest litigation relief means,make up for the deficiency of information subject’s ability to provide evidence,and solve the imbalance between information subject and information handler’s ability to provide evidence.