Study On The Tort Liability Of Face Recognition Technology In Railway Passenger Transportation Application

In recent years,face recognition technology is rapidly gaining popularity in various industries due to its powerful face tracking detection function and recognition advantages,in particular,the application of face recognition in railway passenger transport has brought convenience to daily travel,the accompanying risk of infringement is also increasingly sensitive.At present,China has not yet established a comprehensive system of face recognition technology application legal system,how to ensure the face recognition technology application to help the rapid development of society at the same time to prevent the risk and conflict brought about by this has become the current legal urgent need to be resolved.Therefore,in order to make face recognition technology application in a safe and controllable state,it is necessary to clarify the security boundary of face recognition technology in railroad passenger transportation application,focus on exploring the infringement problem and risk among them,provide practical solutions for constructing a perfect face recognition technology application risk prevention and control system,protecting the legitimate rights and interests of citizens and responding to the new requirements of building a society based on the rule of law in the new era.Apart from the introduction,this paper is divided into four parts.The first part is the jurisprudential basis of face recognition technology tort liability.Firstly,we go through an overview of face recognition technology in order to understand the specificity and complexity of face recognition technology.Then,with the help of the basic theory of tort liability,the tort liability of face recognition technology is discussed from the connotation,characteristics and constitutive elements respectively,followed by two cases of face recognition technology application as a guide to derive the core topic of this paper,that is,what are the conflicting problems of face recognition technology in railroad passenger transportation application,so as to lay the foundation for further research on the tort liability of face recognition technology in railroad passenger transportation application later on.In the second part,the infringement issues and their causes in the application of face recognition technology in railway passenger transport are explored.Sort out a few key questions that arise in that scenario,i.e.who actually infringed? What rights are being infringed? What is the behavioural manifestation of the infringement? What impact does it have on existing legal protection?This is followed by an analysis of the causes of each of the aforementioned problems,focusing on five areas: the lack of legislation,the lack of administrative supervision,the lack of risk protection,the limitations of the technology itself and the lack of self-regulatory awareness.The third part is an examination and analysis of the legal regulation of face recognition technology applications in developed countries and regions.Combing the laws and regulations in the field of face recognition technology in Europe,America,Japan and other developed countries and regions,and summarizing the advantageous extra-territorial experience,with a view to providing new perspectives and ideas for improving the regulation of face recognition technology application in China.The fourth part is based on the causes and proposes specific countermeasures to solve the infringement problem in the application of face recognition technology in railway passenger transport.Combining the current state of legal research in China,the following regulatory proposals are made at four levels: legislative,enforcement,judicial and compliance.Firstly,the legislative aspect.Improve the face recognition technology application legislation,so that face recognition technology infringement has a law to follow and a law to be followed.Clarify the subject of face recognition technology tort liability,determine the principle of attribution,and regulate the behavior of each subject.Set up a compulsory insurance system for face recognition technology to stabilize social sharing of risk and guarantee adequate and effective relief for victims.Secondly,the level of law enforcement.Set up a face recognition technology supervisory department,increase the administrative license for face recognition technology application,achieve dedicated responsibility,realize the separation of powers and responsibilities,and rectify the chaos in the face recognition technology industry.Thirdly,the judicial aspect.Adjust the allocation of the burden of proof and improve the public interest litigation system to ease the burden of proof on victims and encourage them to actively defend their rights.Fourthly,the level of compliance with the law.Strengthen managers’ self-discipline and citizens’ privacy awareness cultivation,and play the preventive role of internal restraint mechanism to avoid the occurrence of face recognition technology infringement.We hope to build an all-round and multi-level face recognition technology application risk prevention and control system,so as to truly realize that face recognition information can be safely "collected",safely "transmitted",safely "stored" and safely "used",and help the modern development of society.