Research On Legal Regulation Of Commercial Application Of Face Recognition Technology

Face recognition,also known as portrait recognition and face recognition,is a biometric technology for identity recognition based on human face feature information.The wide application of face recognition technology in the commercial field not only brings convenience to the development of digital economy,but also brings risks to the personal and property safety of citizens.At present,although China has initially formed a legal regulation system for the commercial application of face recognition technology,there are still some deficiencies which need to be further improved.There are five major problems in the legal regulation of the commercial application of face recognition technology in China: First,the informed consent rule is not scientific enough;Second,the administrative supervision system is not perfect;Third,the tort relief system is not reasonable;Fourth,the protection of the rights and interests of face information is not comprehensive enough;Finally,the supporting system of regulation is not perfect.To improve the regulation system,we need to fully consider the particularity of face recognition technology and face information,combined with the current situation of legal practice,learn from foreign beneficial experience,and seek an appropriate balance between the protection of personal information and the development of digital economy.Specifically,it can be improved from the following five aspects: First,improve the informed consent rule and deal with the performance of the obligation of disclosure and the making of consent flexibly.Second,improve the administrative supervision system.Give full play to the role of administrative supervision by clarifying the main body of supervision and setting administrative license.Third,improve the tort relief system.Including the improvement of the public interest litigation system of face recognition,the loose identification standards for infringement damage,the introduction of causality presumption rules and punitive compensation system.Fourth,clearly stipulate the right of personal information and enhance the comprehensiveness of face information protection.Finally,improve the supporting system of regulation.Including improving the reporting system for the commercial illegal use of face recognition technology,improving the person in charge of personal information protection system and strengthening industry self-discipline,so as to realize the all-round regulation of the commercial application of face recognition technology.