Research On The Legal Regulation Controversy Of The Face Recognition Technology Application In Public Places

At present,the application scope of facial recognition equipment in China is expanding and is widely used in public places.At the same time,the abuse of facial recognition devices in public places has also raised public concerns about the security of personal information.In2021,The Personal Information Protection Act is a response to such concerns,article 26 of the premise of public face recognition technology application(conditions),behavior pattern(based on the purpose of public safety and set significant prompt identification)and exceptions(individual consent)made the provisions,but for the above provisions,both in theory and in judicial practice are how to determine the dispute,therefore,the regulation to achieve effective will need to further study of the dispute,for the implementation of the provisions to provide unified,operational standards.As far as the application premise of this provision is concerned,the judgment of public places meets the three standards of openness,uncertainty of personnel and sharing of places.In addition,the subjects that can use face recognition technology in public places should include administrative subjects,non-administrative subjects with the obligation to maintain public safety,and individuals can also be eligible subjects in specific scenarios.In terms of behavior mode,the identification of public safety should be from two perspectives: abstract public safety identification during administrative approval and specific public safety identification during equipment use;clarity and explicit.For the exception to the rule,"separate consent" should mean that the information subject is fully informed,voluntary and has clear consent.Since the application of Article 26 needs to measure the interests between public security and the rights and interests of personal information in combination with the specific situation,it is necessary to unify the theory of interest measurement in judicial practice,standardize the demonstration process of the theory in the judgment documents,and promote the unified application of justice.