| Face recognition technology is through the construction of face acquisition,positioning,recognition pretreatment,identification and identity search system,through the input of face image or video judgment,analysis,matching comparison and other processing behavior,so as to identify the personal identity of the technology.In the context of traditional culture,human faces are displayed in public,without privacy characteristics,and not in the category of privacy protection generally recognized by the general society.However,face recognition technology sprouting from the 1960 s,its theoretical development from the traditional face feature extraction and high performance classifier design for features to the convolutional neural network automatic learning;Its technical development relies on the rapid development of deep learning,computer vision,big data,chips and other technologies,from the traditional two-dimensional recognition technology to the use of image sequence technology and 3D information technology development,the whole face recognition industry has quite mature technology accumulation and the underlying algorithm.Its nearly 10 years of large-scale business and further development,gradually give face privacy and information property features,such as face recognition information contains the rich personal interest and social interest,is a complex combination of the rights and interests,but due to the current laws and regulations and judicial practice in our country for face recognition information property rights did not have specific provision,the attribute definition has been controversial,As a result,the theoretical basis of the right exercise rules of face recognition information is insufficient,the protection rules are difficult to be unified and coordinated,and the systematic construction of the legal system of face recognition information protection is also hindered.This paper will explore the right attributes of face recognition information and the legal theoretical foundation of face recognition information protection.It provides the theoretical basis of system coordination for the exercise of individual face recognition information rights and the construction of protection rules.Face information because of its uniqueness,can not be modified and strong personality right attributes,in its technical application and digital economy development process is easy to be stolen and abused,"Face recognition the first case","pupils fengchao cabinet machine event","315 party Kohler bathroom event" and other face recognition technology application defects are not only directly related to the security of the parties’ personal information,property rights and privacy protection and even bring threats and hidden dangers to social public interests and national security.These events are a constant reminder that technology itself is neutral,but its application carries value.The contradiction between the rapid development of face recognition technology and the overall level of modernization of China’s governance capacity and governance system is still not high needs to be regulated and guided by law.At present our country legal regulation on face recognition technology has not yet formed a complete system,for the protection of personal information or just referring to "criminal law","civil code","network safety","personal information security information security technology standard",etc.,on November 1,2021 implementation of the personal information protection act their personal information,In particular,the use and protection of sensitive personal information（including face biometric information）has pushed to a new level.However,as the first specialized regulation of personal information,its specific law enforcement subject,law enforcement form,law enforcement means and other content specifications are not specific and clear,and need to be improved and refined.Uphold the legislative principle of balancing of interests,and as the artificial intelligence and data development application of important achievements of human face recognition technology need to be taken seriously and need to be considered in the expansion of its use scope to facilitate people’s production and living in the risk society background and framework to examine,and their use in some areas to be cautious.In this paper,the system combing the current legal regulation on face recognition technology,analyses the remaining deficiencies in summary,other country based on the experience China’s national conditions,from the legislation,law enforcement,judicial,law-abiding,the improvement of the four aspects put forward the corresponding regulation measures,for facial recognition technology in our country legal issues research thinking. |
