Research On The Civil Law Protection System Of Personal Biometric Information

The rapid development of biometric technology in China cannot be separated from the strong support of national policies.The biometric information generated based on biometric technology is the "unique identifier" for identifying individuals,and it is also an important digital resource.Due to its unique identification and high sensitivity,personal biometric information is different from other personal information.Whether it is public management by government departments or the pursuit of economic efficiency by Internet companies,personal biometric information plays an indispensable role.In the upsurge in the application of biometric information,issues such as information leakage and abuse have also been raised.China has initially established a personal information protection system through the promulgation of the Personal Information Protection Law,but there is still a lack of corresponding specialized legislation for personal biometric information,and judicial remedies for infringement of personal biometric information are not perfect.Under the existing framework for the protection of personal information,special protection of personal biometric information should be provided through legal provisions.Moreover,in the measurement of commercial use and security protection,legislation should be biased towards the security protection of information,because the fundamental reason for legislative protection of personal information is to allow the free development of the personal dignity contained therein,To achieve the long-term development of personal biometric information while ensuring security.In addition to the introduction and conclusion,this article is mainly divided into four parts.The first part is an overview of personal biometric information.This section defines the concept of personal biometric information based on relevant legislative experience at home and abroad,and proposes that personal biometric information has the characteristics of specificity,high sensitivity,and immutability.Distinguish personal biometric information from private and sensitive personal information,and finally clarify the value of improper use of personal biometric information in maintaining national security and promoting social governance.The second part is about the current situation and dilemma of the protection of personal biometric information.This section summarizes the existing problems in both legislative and judicial protection by analyzing current laws and regulations and judicial practice.The lack of legislative protection is mainly reflected in the lack of specific provisions for personal biometric information,the ambiguity of its rights attributes,and the failure of the principle of informed consent,which is one of the core norms for personal information protection.The lack of judicial protection is reflected in the unclear distribution of the burden of proof and the difficulty of the plaintiff’s burden of proof;Mental damage compensation takes "seriousness" as the essential element,which leads to difficulties in compensation for mental damage;As well as the limitations of the civil public interest litigation system,the provisions on the subject of prosecution are not clear enough.The third part is the extraterritorial investigation and enlightenment of the civil law protection of personal biometric information.This section compares and analyzes the specialized legislative protection mode of the United States and the comprehensive legislative protection mode of the European Union,and considers that China should adopt the comprehensive legislative protection mode in combination with the current legislative system of our country.In addition,whether it is a special legislative protection model or a comprehensive legislative protection model,detailed provisions have been made in three aspects: clarifying the definition of personal biometric information,determining the rights and obligations of data participants,and providing complete infringement remedies,which has certain reference significance for the protection of personal biometric information in China.The fourth part is suggestions for improving the civil law protection of personal biometric information.Based on the above content,this section proposes some legal protection suggestions for personal biometric information.In terms of legislation,it is recommended to legislate specifically on personal biometric information under the comprehensive protection legislative model,clarify that personal biometric information is an emerging independent right,and improve the principle of informed consent.Judicially,clarify the allocation of the burden of proof,provide a broad interpretation of mental damage compensation to protect the rights and interests of information subjects,expand the scope of civil public interest litigation system subjects,and encourage multiple subjects to participate widely in the protection of personal biometric information.In general,nowadays,the use of information has become an irresistible trend of the times.Maintaining the relationship between the rational use of information and the protection of information rights and interests is a realistic issue that we must face.In the context of consensus on data privacy,the use of biometric information brings high returns,while the consequences of its damage are unpredictable.Therefore,finding a balance between information security and utilization can further assist the long-term development of the digital economy.