Research On Civil Law Protection Regulations For Personal Biometric Information

With the development of biometric technology,face,fingerprint and other biometric information has been widely used in every corner of our life.As a new product of the information age,personal biometric information not only brings great benefits to the society,but also brings new tort disputes and security risks.Among the protection ways of personal biometric information,the protection of civil law is the most basic and the most extensive,but at present,the Civil Code still lacks the enough attention to personal biometric information,There is no legal definition of personal biometric information,and the content of rights is also insufficient.Therefore,on the basis of sorting out the protection provisions of personal biometric information in the Civil Code,this paper further discusses the problems existing in the civil law protection of personal biometric information and their solutions,in order to better balance the protection and utilization of personal biometric information.First of all,this paper analyzes the connotation,extension,value and hidden danger of personal biometric information.This paper argues that the definition of personal biometric information should be based on the two core elements of "unique identification" and "physiological and behavioral characteristics".Secondly,this article combed the current personal biometric information under the civil law protection way and its existing problems,and that the civil law has not yet to establish a special personal biometric information protection clause under the premise of personal biometric information protection of civil law is mainly used in Civil Code personal general information,personal privacy information,image or sound protection specification,In addition,the relevant provisions of the Personal Information Protection Law will be applied in the near future to give special protection to sensitive information.Thirdly,this paper also summarizes some problems existing in the protection of personal biometric information in the civil law through combing.Therefore,in the end,this paper,by absorbing the experience of foreign legislation and practice,proposes that the Civil Code should set up more objective applicable standards in the identification of privacy,so as to avoid the confusion and abuse caused by subjective identification,and at the same time,it should also add the specific obligations and responsibilities of personal biometric information collectors.In addition,special and specific provisions on personal biometric information are added to the provisions of the Personal Information Protection Law to make up for the almost blank situation in the current legislation.