Research On Protection Of Facial Recognition Information

Facial recognition information has its characteristics of being unique,public,easy to use and unchangeable.Thus it’s widely used to identify,authenticate and manage personal identity in security,governmental affairs,finance and medical fields,as well as plays an important role in public governance,social services and other affairs.However,facial recognition information is also dignified and analyzable,hard to terminate,widely used and shows great complexity in legal interests.This leads to many risks if leaks and abuses happen,the consequences including but not limited to endangering information security,infringing on individual rights,and affecting social and national security,etc.Hence,it is necessary to apply special protection to facial recognition information.The existing facial recognition information protection model in China has problems including system protection out of place,processing protection invalidation,supervision protection failure and poor relief protection,etc.In addition,the main opinions of academic community in terms of improving processing rules and carrying out supervisions to technology are fragmented.This makes it unable to give full play to the social application value of facial recognition information while effectively safeguarding the legitimate rights and interests related to facial recognition information.Therefore,it is necessary to construct an effective facial recognition information protection system.At present,for the issue of facial recognition information protection,the U.S.model reflects the trend of "seeking a balance between social security and individual rights and interests,and allowing government agencies to process facial recognition information under some circumstances".While the EU model shows fine delineation,emphasis on guidance and technology as well as strict punishment,and support for development.Both of them are worthy of reference.In order to realize the appropriate protection of security and full application of value of facial recognition information,the facial recognition information protection system should be constructed by the legal relationship formed in the process of facial recognition practice.This requires information subjects,information processors,service providers and information supervision subjects to assume corresponding responsibilities in terms of information protection,secure processing,support for industry,guideline and supervision,guarantee and relief,etc.In this way,we can deal with the risk of infringement of rights and interests related to facial recognition information,make up for the omission of the existing facial recognition information protection model in China,and improve the level of facial recognition information protection.