Research On The Protection Obligations Of Information Processors To Personal Biometric Information

With the development of biometrics technology,more and more organizations or individuals choose to identify themselves through specific technologies,using their physiological characteristics and behaviors to identify individuals as personal identifiers,personal biometric information has the advantages of quickness and accuracy in identifying individuals.However,because of its uniqueness,immutability and relevance,compared with General personal information,more vulnerable and the damage is often more serious,which also leads to the practice of illegal use,processing of personal biometric information and other chaos.In our current legislation,there is no direct protection for individual biometric information.Although biometric information is different from general information,it has not been defined and assigned,although biometric information is more risky and harmful,nor are there stricter rules for the processing of personal biometric information.At present,there is no further accountability mechanism for the protection of biometric information,which makes it not feasible.Therefore,this paper discusses the protection measures of personal biometric information from the special protection obligation of the personal biometric information processor and the experience of other countries.The first part of this paper defines the legal concept of personal biometric information,discusses the difference and relationship between personal biometric information and biometric data and personal privacy,summarizes the essence and characteristics of personal biometric information,and finds out the reasons why it needs special protection compared with general information.The second part discusses the legal basis of information processors’ special obligation to protect personal biometric information.Firstly,the subject concept personal biometric information processor is introduced,and the scope of personal biometric information processor is summarized through the definition of the subject dealing with personal biometric information in national laws and the changes of this subject concept in China’s legislation.Secondly,it analyzes the source and basis of the special protection obligation,and discusses the necessity of improving the protection of personal biometric information by information processors.The third part analyzes the current situation of the protection obligation of personal biometric information processors,and discusses the problems existing in the special protection obligation of biometric information processors from the two directions of legislation and practical application of legislation.The first is the legislative status of biometric information processors in China,and analyzes the protection degree of biometric information in China’s laws.The second is the practical problems in the protection of biometric information.The last part is the suggestions to improve the special protection obligations of personal biometric information processors.From the above discussion of the problems,it is concluded that the protection obligations of information processors for personal biometric information should be improved from three aspects: the obligation of security and confidentiality,the obligation of disclosure,and the obligation of openness and transparency of information processing policies.Learn from the provisions of other countries on the relevant obligations of information processors in the legal system,and put forward improvement suggestions for the problems existing in the biometric information processing of information processors in practice according to the current judicial practice of our country.