| Face recognition information belongs to personal biometric information,which is highly sensitive,dynamically changing,passively accessible,intuitively damaging and unique.Face recognition technology has been widely used in both commercial and public administration fields due to its excellent authentication ability and swift recognition.However,based on the special characteristics of face recognition information and face recognition technology,once it is misused or the information is leaked it can cause great damage to the personal and property rights of the information subject.The existing regulations of face recognition information mainly make basic protection regulations in principle from the upper concept of sensitive personal information of face recognition information,and do not regulate for the special nature of face recognition information.The core of the protection of personal information processing in China is the informed consent of the information subject,but the special nature of face recognition deflates the principle of informed consent.There is a lag in the regulation of technology by law,which needs to be supplemented by specialized norms and standards,and the application of face recognition technology cannot be effectively and comprehensively regulated by legal norms alone.Some industry sectors have issued security norms for face recognition information,but have not yet established a framework of application norms that meet the industry’s needs for using face recognition information interests and information protection.The EU and the US have relatively detailed regulations on the protection of face recognition information,and China can learn from the EU’s regulatory approach of making abstract regulations more operable by formulating specific implementation rules and compliance guidelines,absorbing the US’s technical governance means for the regulation of face recognition information application,combining the current situation of the protection and application of face recognition information in China,fully understanding the special nature of multiple interests attached to face recognition information,and taking into account the diversified and conflicting interests related to face recognition information.On the basis of the current situation of the protection and application of face-recognized information in China,we take into account the diversified and conflicting interest subjects related to face-recognized information,base on the refined interest measurement,combined with the scenario theory,give full play to the coordinating role of the national network information department,and coordinate with relevant departments to issue normative guidelines to refine the existing legal norms according to the specific problems and professional characteristics of each industry field.The principle of informed consent is reconstructed to realize the substantial application of the core principle of informed consent,and through the joint promotion of face recognition information subjects,government agencies and industry subjects,the awareness of risk prevention and control of information subjects for face recognition information application is constructed,and the rights and interests of information subjects and the orderly use of face recognition are jointly guaranteed. |
