The Research On Legal Issues Of The Individual Information Protection In The Application Of The Face Recognition ——Take "the First Case Of The Face Recognition In China"

With the rapid development of the AI and the big data technology,the face recognition technology is used in a lager range.That also means a series of major challenges for the individual information protection.This paper starts from the case The First Case on the Face Recognition in China,to talk about legal questions about the face recognition technology.This paper is divided into 3 parts.Chapter1 includes a brief introduction about the case Guo v.Hangzhou wildlife world,which is called The First Face Recognition Case in China,and focuses of dispute.This case provokes three questions which will be talk about in this essay:First,how to draw the line for the application of the face recognition;Second,how to build the personal information protection How to construct the personal information legal protection mode in the application of the face recognition;Third,how to promote the remedy for the personal information infringement caused by the application of face recognition.Chapter2 is the analysis from the legal theory,which includes 4 parts.The first part is a brief introduction for the face recognition and the personal information.The face recognition technology is a biometrics technology,which through extracting facial features,digitally processing and storing,establishing the data base and comparing data in the database to identify a specific individual.The face information has the dual attributes of person and property at the same time.Admitting the property attributes of the face information does not contradict the protection of personality right,which is more conducive to the realization of the protection of the rights and interests of the information subject.The second part mainly discusses the limitations of the application of the face recognition technology.The application of the face recognition technology has the risk of the discrimination,the disclosure,the abuse of personal information,being monitored and threats to the national security.The existence of risks justifies the necessity for restrictions on the face recognition technology.The scene theory is an important theoretical method to deal with the application of the face recognition information.How to limit the application of the face recognition should be discussed in specific scenarios.The third part discusses the legislative protection mode of the individual information in the application of the face recognition.In China,the protection of the individual information in the application of the face recognition is difficult in four aspects: the informed consent rules,administrative authorities,citizens and information processors.The development of privacy is an important premise for the realization of the legal protection of the personal information.How to cognize the relationship between the individual information and the privacy is an important basis for countries to establish legal protection for the individual information.China,Europe and the United States have adopted different legislative protection modes for the protection of the personal information in the face recognition applications.At present,China has initially established a legal framework for the protection for the individual information.The legal protection for the individual information in the application of the face recognition should be realized and deepened under the existing framework.The relevant legislation in Europe and America is relatively formed and mature,and its experience can be used for the objective evaluation and cautious references in China.The fourth part discusses the remedy for rights and interests of the application of the individual information in the face recognition.In the process of seeking remedies,the information subject may face disadvantages in safeguarding rights and difficulties of proving the material damage.The third chapter includes enlightenments and suggestions.By comparing the legislative and judicial experience of China,Europe and America,four enlightenments are obtained: To make rules on the application of the face recognition technology should base on national conditions;The independent departmental oversight is beneficial to the realization of the individual information protection in the application of the face recognition;To restrict the public power to use the face recognition is the proper meaning of the personal information protection;To promote the remedy is the inevitable requirement of the personal information protection in the face recognition application.Based on these four enlightenments,this paper puts forward five suggestions:（1）Improve informed consent rules according to different scenarios;（2）Establish a third-party professional evaluation agency;（3）Construct the access system for information processors;（4）Clarify the data rights of information processors;（5）Reduce the cost of the remedy for the individual information infringement.