Research On Separate Consent Mechanism For Face Information

As face recognition technology is widely used in banking login,e-commerce payment,security,video entertainment and other fields,face information infringement problems are also increasing.As biometric information in sensitive personal information,face information has unique and open attributes,so face information is the strongest social attributes,the most easily collected personal information.Once face information is illegally collected by others,it will cause great harm to personal and property safety,such as loans,fraud and infringement of privacy,reputation and portrait rights without the consent of the subject of face information.Too many objects of infringement may even threaten public security.Therefore,from the perspective of analyzing examples,this paper explores the protection status and deficiencies of the face information separate consent mechanism in practice,the necessity of the mechanism and the causes of the predicament of the mechanism,and seeks an effective path to implement the separate consent mechanism,so as to better protect the rights and interests of the face information subject.The first chapter is based on examples to excavate the deficiencies in the implementation process of the principle of individual consent to face information,and expounds the current situation of individual consent in our country.Through sales in public places without separate consent processing customer face information,property companies forced owners to use face recognition as the only access,hacker software to steal a large number of user face information three cases summed up the face information protection system in separate consent aspects of the dilemma.The second chapter expounds the basic concepts such as the concept,legal attribute and particularity of face information,deeply understands the discrimination between the face information and the upper and lower concepts in the current legal provisions,and carries out the analysis of the legal attribute based on the physical uniqueness of face information.Face information is different from other sensitive personal information.Its non-contact,uniqueness,open letter and vulnerability make it necessary to construct the principle of individual consent.The third chapter mainly explores the reasons for the existence of separate consent dilemma in face information,which mainly includes the following three aspects:non-contact of face information acquisition,significant inequity of the subject status of the information acquirer and the acquiree,and insufficient necessity of the use of some face recognition technologies leading to broad subject scope.Finally,the fourth chapter puts forward six measures to protect face information separately,including:Strictly limit the object of individual consent,clearly define the scope of individual consent,clearly define the way of individual consent,fully protect the remedy way of individual consent,in the technical level to implement the supervision of individual consent behavior and clearly define the punishment standard for violating the principle of individual consent.From the three angles of legislation,law enforcement and law-abiding,we can jointly promote the all-round implementation of individual consent in practice.