| With the continuous improvement and development of face recognition technology,face recognition technology goes hand in hand with people’s production and life.However,while this technology brings great convenience,it also leads to frequent and intensified leakage of personal information,which makes the problem of personal information protection become a "stumbling block" in the future social development and application of face recognition technology.As a basic principle in the field of personal information protection,the principle of informed consent is the premise and basis of personal information protection.Both the civil code and the personal information protection law regulate the principle of informed consent,but they fail to make specific provisions on the application of the principle of informed consent,which has loopholes in institutional law.Due to the wide application of face recognition technology in various fields and scenes,the principle of informed consent is facing severe challenges.In view of the fact that the principle of informed consent should be widely used in legislation and practice,it is imperative to improve the comprehensive application of the principle of informed consent in the future,Analyze the difficulties caused by the application of informed consent principle in the application of face recognition technology,so as to construct the specific rules for the application of informed consent principle in the application of face recognition technology.Taking the principle of informed consent in the application of face recognition technology as the research object,this paper makes a comprehensive analysis of the relevant contents that constitute the main part of the paper,such as the topic selection,literature and research methods.When raising questions,this paper uses the case analysis method to sort out the practical cases in judicial practice,Combined with the application status of face recognition technology in China and the basic connotation of the principle of informed consent and other related theories,after comprehensive analysis,this paper puts forward the practical difficulties faced by the application of the principle of informed consent in the application of face recognition technology.Analysis is the key link.This paper expounds the basic theory of the application of informed consent principle in the application of face recognition technology through comparative law and legal dogma,mainly from the following aspects: first,the application value of informed consent principle in the application of face recognition technology;The second is the application principle of informed consent principle in the application scenario of face recognition technology.This part mainly analyzes the application scenario of face recognition technology,which is also a "golden key" to solve the problem;The third is the scope of application of informed consent principle in the application of face recognition technology.Through the analysis of the basic theory,lay the foundation for the system construction of the following text.Through the research,this paper finds that the key reason why the application of informed consent principle in the application of face recognition technology "fails" and "becomes a mere formality" is that the principle of informed consent is too "principled".On the basis of summarizing and analyzing the existing theoretical research and legislative provisions,combined with the legislative experience abroad,this paper re examines the principle of informed consent in China,Construct the specific rules applicable to the principle of informed consent in the application of face recognition technology: first,regulate and improve the principle of informed consent itself;The second is to construct the specific applicable rules of the principle of informed consent in different scenarios of the application of face recognition technology;The third is to set up special rules applicable to the principle of informed consent in the application of face recognition technology.For example,the dynamic consent mode is introduced to protect face information in an all-round way and limit the application of informed consent exceptions in the application of face recognition technology.Fourth,improve the application of the principle of informed consent from the perspective of future legislative construction and regulatory system.Therefore,in the context of the wide application of face recognition technology,more comprehensive and specific applicable rules should be formulated to effectively solve the application of the principle of informed consent in the application of face recognition technology,so as to ensure the information subject’s right of information self-determination and realize the original intention of personal information protection. |
