Research On Administrative Regulations Of Face Recognition Technology Application

With the rapid development of cloud computing and big data,face recognition technology has become one of the most cutting-edge emerging technologies,and its application has gradually penetrated into people’s daily production and life.It plays an important role in the fields of financial security,public transportation,public security and justice,epidemic prevention and control,and provides an efficient and convenient technical means for the country to safeguard public interests and protect citizens’ safety.However,while face recognition technology is widely used in many real scenes,its abuse events also frequently appear in the public’s field of vision.Since Hangzhou intermediate people’s court tried the "first case of face recognition" in December 2020,the application of face recognition technology has gradually attracted great attention and discussion from all walks of life.Face recognition is an important performance of personal biometrics,which is closely related to personal safety and property.When face recognition technology is abused,it is usually accompanied by large-scale and high-risk risks.At present,China has not issued special laws and regulations on face recognition technology.The relevant legal regulations are scattered in the personal information protection law,civil code,criminal law,personal information security specification of information security technology and data security requirements for face recognition of information security technology（Draft for comments）,focusing on the post regulatory adjustment of the risks existing in the application of face recognition technology,From the perspective of citizens’ personal information protection,this paper demonstrates the risks brought by personal privacy and personal information disclosure and the tort liability that should be borne under the background of the digital economy era.Based on the perspective of administrative legislation and administrative supervision,strengthening the regulation of the application of face recognition technology can effectively make up for the limitations of criminal and civil regulation of the application of face recognition technology.However,there is relatively little research in the field of administrative law regulation on the application of face recognition technology with the focus of prior risk control.Overall,the regulatory basis for the application of face recognition technology is fragmented and lack of specific direction.State organs are the primary application subject of face recognition technology.In the process of application,they should actively undertake the functions of administrative supervision and maintenance of face information collection,use and storage,so as to ensure the security of citizens’ personal information.However,due to the decentralization of regulators,the supervision is not in place,and the limitation of specific regulatory measures,there are a variety of social risks in the application of face recognition technology,threatening the legitimate rights and interests of face information subjects and social public interests.Based on the analysis of the main social risks and application scenarios of face recognition technology,the author focuses on the institutional defects of the application of face recognition technology in China.Learn from the administrative law regulation experience of the United States and the European Union on the application of face recognition technology,and according to the current situation of administrative legislation of face recognition technology in China,clarify the basic principles of relevant legal regulation,and adopt the "specialized + decentralized" administrative supervision mode to improve the top-level design of the application of face recognition technology.Adopt the form of both supervision subjects and supervision measures,establish a general prohibition and special administrative licensing system,establish a special administrative accountability supervision organization,improve the administrative filing review and risk evaluation system,and increase the intensity of administrative punishment,so as to further strengthen the administrative supervision of the application of face recognition technology.Strengthen the self-regulation of the industry,optimize administrative guidance,and promote the long-term and steady development of the application of face recognition technology.