| With the rapid development of digital technology,facial recognition information has been widely used in medical care,education,elderly care,urban operation,judicial services and other fields,which has greatly improved accuracy of public services and social governance ability,and playing an irreplaceable role in maintaining public security and social stability.However,in this process,there also exist issues like excessively collecting and processing facial recognition information,and leakage of facial recognition information and other chaos and problems.Currently,Article 26 of Personal Information Protection Law of the People’s Republic of China does not provide complete and clear rules of the processing of facial recognition information for public security purposes,which leads to issues such as what are public security purposes and the boundary of the necessity of processing facial recognition information under these purposes.Therefore,in view of the interpretation dilemma of Article 26 of Personal Information Protection Law of the People’s Republic of China,this paper attempts to explore the legal connotation of "public security purposes" and the boundary of the necessity of processing facial recognition information for public security purposes,so as to realize the effective regulation of facial recognition information processing in the field of public security.Specifically,Article 26 of Personal Information Protection law of the People’s Republic of China stipulates the rules for public security purposes of processing facial recognition information.But expressions such as "public security purposes" and "necessity for maintaining public security" are lack of clear interpretation,leading to the situations in practice where the information processors use this clause as basis for disclaimer and abuse facial recognition information.On the one hand,the ambiguity of the concept of "public security purposes" leads to the fact that the collection and processing of facial recognition information in many public places has not implemented the requirements stipulated by law,and shows a trend of expanding the interpretation of public security purposes.On the other hand,the lack of necessity boundary makes some information processors to excessively expand the scope of collection and application of facial recognition information under the pretext of maintaining public security.In view of the above problems,this paper analyzes the conflicts of interest and internal contradictions in the scenario of processing facial recognition information for public security purposes,and points out that facial recognition information not only loads the personality interests of the information subject,but also carries the value of public management,facing the dual needs of protection and utilization.Therefore,in the scenario of processing facial recognition information for public security purposes,it is necessary to protect the appropriate self-determination of the information subject to its face recognition information,but also to promote the lawful use of facial recognition information and improve the efficiency of social governance.In view of the fact that facial recognition information processing is mostly contact-free and large-scale without differentiation,the protection of the information subject’s personal information self-determination is bound to be unable to match the general occasions of facial recognition information processing,and there is a conflict between processing efficiency and individual information self-determination.Besides,the processing of facial recognition information may lead to technical discrimination,infringement of personal privacy and other risks.Based on the above considerations,strict requirements should be set for the facial recognition information processing behavior in order to maintain public security,and the connotation of public security purposes and the interpretation of the necessity of standards should be limited.When interpreting the concept of "public security purposes" in the context of processing facial recognition,the balance between personal interests and public interests should be considered.As a member of society,individuals should transfer part of their own rights and interests to safeguard public interests.However,if facial recognition information is excessively collected and abused,both individual and social security will be in danger,which will lead to the imbalance of benefits and risks.Therefore,the interpretation of public security purposes should be limited to the narrow scope of preventing and fighting crime,maintaining public order and basic social stability.The public authority subject who performs the function of maintaining public security and the private authority subject who has the obligation of guaranteeing public security can be the appropriate information processing personnel in this scene.In addition,in crowded,high-crime-rate and relatively closed public places and outdoor public places with frequent accidents and strong personnel mobility,facial recognition information can also be processed if it meets the sufficient necessity standard.As for the definition of the standard of "necessity for maintaining public security",the principle of proportionality should be introduced,and the reasonable degree of processing facial recognition information should be measured relying on the necessity standard and the equilibrium standard.Among them,the necessity standard mainly covers irreplaceability and minimized processing requirements,while the equilibrium standard covers three specific dimensions: direct correlation and proportionality between purposes and means,and increase of individual interests. |
