Research On Legal Issues Of Personal Information Protection In Face Recognition Application

Facial recognition technology as a biometric application aims to recognize and verify one specific individual by capturing facial features in a digital image and then comparing information with the stored data in the database.This technology tightens the convenience and diversification of the scenario applications with personalities.However,due to the nature that each facial information is permanent and cannot be changed,the technical defects might result in irreversible consequences of damaging individuals’ rights of personality and property.With an increasing awareness of protecting individual information and the government’s promotion on developing new science and technology,it is particularly urgent to build a good facial recognition information protection system.Through literature review,it can be concluded that the research focuses on the four dimensions of legislation,law enforcement,judiciary,and compliance,as well as the role that each subject involved should play in protecting personal information in facial recognition.This article consists of five parts to elaborate on the protection of personal information in the application of facial recognition technology: the first part involves the concepts related to facial recognition technology and personal information data.Starting from the basic principles of facial recognition technology and the characteristics of facial recognition technology,combined with the current application status of facial recognition in commercial and non-commercial areas,this paper introduces the relevant concepts of personal information.Firstly,two definitions of the concept of personal information were clarified,followed by an analysis of the uniqueness of facial recognition information.Finally,the risks associated with the application of facial recognition technology were further summarized.The second part elaborates on the current protection status of facial recognition information in China from four levels: legislation,law enforcement,judiciary,and compliance.Summarize the current situation through examples at the law enforcement level;At the legislative level,it summarizes the current status of the Constitution,laws,administrative regulations,local regulations,and rules at the legal level;At the legal level,analyze from the perspective of the subject who abides by the law.The third part points out the problems in personal information protection in facial recognition applications.Firstly,there are still deficiencies and gaps in legislation.Secondly,the role of law enforcement is not properly played.Thirdly,there is a lack of specific judicial guidance.Fourthly,the legal awareness of law-abiding subjects is weak.In the fourth part,a comparative study of extraterritorial law is conducted using the United States,the European Union,and Japan as examples.Finally,the fifth part concludes that improving the legislative norms at all levels of personal information protection is the primary and key point.In the implementation of the law,a reasonable judicial and law enforcement model should be formed,and the three dimensions of legislation,law enforcement,and justice should be used to influence compliance.Specifically,suggestions should be made from the perspectives of improving the legal system for facial recognition information protection,strengthening law enforcement supervision and management,opening up judicial remedies,creating a social atmosphere of compliance,and improve industry standards.