Research On Legal Protection System Of Personal Biometric Information In Digital Economy Era

Personal biometric information refers to personal sensitive information including genes,fingerprints,voiceprints,irises,facial recognition features,etc.Personal biometric information is special data obtained after specific technical processing,which matches personal biometrics and is highly identifiable.In the era of big data,the rapid development of personal biometric technology brings convenience to economic and social life,but also creates the risk of information leakage.The law should make special legislation for the characteristics of personal biometric information,and at the same time,define the legal attributes of personal biometric information as an emerging right,focusing on the protection of the information subject itself.There are two main theoretical bases for the existing legal protection system of personal biometric information: the "unary" protection theory and the "dual" protection theory.Combined with the characteristics of high identifiability and high sensitivity,uniqueness and immutability,relevance and non-contact of personal biometric information,when establishing a legal protection system,attention should also be paid to the control of information subjects over their own information.Not protect it as a defensive privacy right.By sorting out and summarizing the relevant laws,regulations and normative documents of personal biometric information in my country,it is concluded that there are still many problems in the legal protection of personal biometric information in China.It is difficult to determine damages for infringement,difficult to prove the causal relationship of infringement,and complicated and expensive litigation procedures.To improve the legal protection system for personal biometric information,we can learn from the experience of foreign countries in protecting personal biometric information,apply the principle of proportionality,and balance the interests of information subjects and information processors as well as the development of the data market;affirmative action,and take higher-level protection measures;broaden the channels for rights relief,and improve the extra-litigation dispute resolution mechanism.In addition,the legislative protection of personal biometric information should also be combined with my country’s national conditions to build a special legislative protection model that is relatively independent of sensitive personal information,adopt a strengthened protection model dedicated to personal biometric information,and improve multi-level rights relief channels.According to the different purposes of collecting and processing personal biometric information in non-commercial fields and commercial fields,differentiated legislative protection is carried out.Use scenario-based thinking to set up legal norms that combine leniency and strictness;by establishing a hierarchical protection system for personal biometric information,clarify the level of protection provided by the biometric information system,so as to fully guarantee the information subject’s right to know-consent can be realized.Clarify the responsibilities that information processors should assume when collecting and processing information,and force information processors to improve their ability to protect information security.In the infringement remedy of personal biometric information,reasonable probability should be considered on the basis of the principle of presumption of fault,and the burden of proof of the information subject should be reduced.At the same time,compensation for mental damage and punitive damages should be introduced to increase the illegal cost of information processors and the rights protection of the infringed.enthusiasm.