Research On Personal Information Protection Of Commercial Face Recognition Technology

Face recognition is a widely used technology in today’s life and is a hot issue in academic research.The Civil Code codifies the personality rights system separately,and the Personal Information Protection Law clearly defines biometric information such as facial recognition as sensitive personal information and protects it.It can be seen that in the context of the rapid development of social science and technology,according to the problems that have emerged in new technologies in recent years,China has carried out timely legislative reform and repeal of the law,and paid more attention to the protection of personal information.How to balance the use and protection of personal information,and how to reasonably distribute the responsibilities of state supervision and the responsibilities between information processors and users,are all issues that need to be further refined.Due to the lack of established legal norms,in recent years involving facial recognition technology,different value judgments of judges may produce different judicial judgments.This paper focuses on the shortcomings of existing laws,sorts out the cases related to the principle of informed consent in commercial face recognition technology in recent years,and puts forward suggestions for improving the principle of informed consent in the application of face recognition in China in combination with the current situation of extraterritorial legislation.The main contents of the article include: Chapter 1 introduces issues related to the principle of informed consent from hot cases of face recognition,makes relevant comments and analyzes the specific judgments in the cases,and makes specific in-depth analysis based on the current situation that the right to informed consent of natural persons in China is vacated and difficult to be guaranteed;Chapter 2 introduces the conceptual characteristics of facial recognition technology,compares the similarities and differences between sensitive personal information and private information,and further elaborates on the application of the principle of informed consent;Chapter III draws on extraterritorial legislation and practical experience to provide relevant and favorable experience for China’s legislation;Chapter 4 puts forward suggestions for optimizing the regulation,supervision and legal remedy mechanisms in "informed consent" for issues related to commercial facial recognition technology,and finally summarizes.