Research On Personal Biometric Information And Its Legal Protection

In the era of big data,with the rapid development of computer technology and high-tech means,the traditional identification method has gradually been replaced by biometric technology.Compared with traditional identification technology,biometric technology not only ensures accuracy but also has higher convenience and security.As a sunrise industry in the 21st century,the market scale of biometric technology is expanding.Its application fields started from entry and exit management,national defense and security,government services,and gradually expanded to mobile payment,online banking,access control of residential quarters,employee management,medical and education,wearable devices,and so on.Due to the market size and scientific background of biometrics technology,the demand for biometrics information security is more and more urgent.Therefore,it is necessary to provide more perfect and accurate legal protection for personal biometric information.In China’s current laws,there is no clear definition of personal biometric information.The enactment of The Personal Information Protection Law of the People’s Republic of China refocuses the legal protection of personal biometric information.The law includes personal biometric information into sensitive personal information for legal protection for the first time,but still does not give its clear definition.Throughout the domestic and foreign laws related to personal biometric information,"personal biometric information" is defined as "identifiable and repeatable information obtained through digital processing of individual unique physiological and behavioral characteristics by using specific scientific and technological means.".Physiological characteristics include but are not limited to:human face,fingerprint,finger vein/palmar vein,palm print,hand shape,voice print,iris,retina,DNA;Behavioral characteristics include but are not limited to:speech,signature,gait,typing rhythm,etc.".Based on its definition and characteristics,discriminating the difference between personal biometric information and sensitive personal information,and emphasizing the necessity of special protection.Determining the legal attribute of personal biometric information is the theoretical basis for its protection.Considering various theories comprehensively,it is concluded that personal biometric information should be identified as a new right,which is more conducive to right relief.This paper summarizes the current situation of personal biometric information technology and Chinese law.Through sorting out the specific provisions on personal biometric information in the current laws of China,it is found that the legislation on personal biometric information is scattered and there is no complete legal protection system.Furthermore,the United States and the European Union are taken as the typical examples to make a comparative analysis of relevant laws and regulations in China and abroad.Through the New York Biometric Information Privacy Regulations,Illinois Biometric Information Act and two typical cases of Facebook and Six Flags,it is understood that compared with China,American legislators generally protect biometric information as a right of privacy,and its protection is relatively strong.Take the sensitive data protection terms of the General Data Protection Regulation of the European Union as a model to understand the specific situation of the protection of personal biometric information.By comprehensively exploring the typical cases and regulations of foreign laws,this paper reflects on the development of China’s legal protection system for personal biometric information and the shortcomings of the Personal Information Protection Law.Finally,in order to solve the risk of personal biometrics information,the legal protection of personal biometrics information in China at the present stage is put forward a principle and seven specific ideas.While affirming that the protection of personal right is the fundamental principle of personal biometric information protection,providing specific suggestions,from the definition,right attribute,legislation,law enforcement,judicial several aspects,to improve the legal protection of personal biometric information.