Personal Biometric Information Legal Protection Research

Personal biometric information is unique from general personal information and other sensitive personal information.The information is related to personal dignity and personal freedom,and carries the commercial value and public management value,resulting in the protection needs of the rights and interests of information subjects,the commercial utilization of information workers and the public management utilization of state organs.In the process of continuous development in the era of big data today,the life-oriented application of biometric technology provides convenience for people,but it has also caused the excessive collection,disclosure,illegal trading of personal information and other illegal situations,resulting in information security problems.Technology abuse threatens people’s personal and property safety,and even arouses people’s fear of biometric technology.Although current laws and regulations such as the Personal Information Protection Law have standardized the previously disorderly information processing activities and responded to difficult problems in judicial practice,there is still a long way to go to strengthen legal protection.Information subject and information processor both have the problem of insufficient scientific nature.There are some problems in the legal norms of information protection,such as unclear protection concept,unclear protection mode that needs to be optimized,and inadequate targeted protection of personal biometric information.The law enforcement basis of information protection needs to maintain both stability and adapt to technical updates to ensure flexibility,and the regulatory system should encourage extensive social participation and ensure standardization.In view of the above problems,the protection path of personal biometric information in China can be improved from the following aspects: First,we should enhance our awareness of legal protection.While improving citizens’ awareness of legal protection,enterprises should be encouraged to establish a reasonable concept of legal protection.Second,complete information protection norms.On the one hand,the concept of full protection should be clarified,and the abuse of power of state organs should be vigilant while prohibiting commercial profits.On the other hand,we should choose the protection mode scientifically,follow the unified legislative mode in the form of protection.In future legal changes,we can consider a separate section on personal biometric information in the Personal Information Protection Law;In terms of substantial protection,we should choose three layers of differentiated protection mode.In addition,it is necessary to arrange the protection content reasonably,and make special provisions with stricter regulations,stronger maneuverability and clearer guidance for important processing steps such as collection,transmission,storage,use,sharing and transfer of personal biometric information.Third,we need to strengthen administrative supervision.On the one hand,it is necessary to formulate a scientific basis for law enforcement and combine macro-regulation at the national level with flexible regulation at the local level.On the other hand,it is necessary to build a friendly supervision system,expand the supervision mode involving multiple subjects,establish an interactive mechanism between external supervision and internal protection,and increase the channels for administrative litigation relief.