| Personal biometric information is widely used in attendance,security check,payment,government services and other fields of the society.Its uniqueness,unalterability and relevance determine the difference between abuse or disclosure of general personal information and its abuse or disclosure will cause irreversible damage to the information subject.Because cases of infringement of personal biometric information of citizens have also presented an increasing trend year by year,as for the related provisions of personal biometric information,our criminal legislation is inconsistent with the law on the Protection of personal Information,there is no mention of personal biometric information in the judicial interpretation of criminal law,and the infringement of personal biometric information has not been regulated.Therefore,it is necessary to protect the personal biometric information more carefully by criminal law.The definition of personal biometric information has not been clearly defined in our country’s law.The new Personal Information Protection Law includes personal biometric information in the category of sensitive personal information to protect,but there is still no clear definition.Throughout the world,extraterritorial laws have stipulated the definition of personal biometric information,differentiated it from sensitive personal information,and stressed the need for special protection of personal biometric information.At present,the types of criminal behavior of personal biometric information mainly include illegal acquisition,illegal provision and illegal use.For these three types of criminal behavior infringing on personal biometric information,the simple use of civil regulation is obviously insufficient.The behavior infringing on personal biometric information not only seriously infringes on personal rights and property rights of individuals,but also endangers public and national security.With the increasing trend of the legislative protection of personal biometric information in the world,behavior violated personal biometric information has criminal irregularity and serious social harm.It is necessary for us to strengthen the criminal law protection of personal biometric information.But our country personal biometric information legal protection mechanism is not yet complete and the criminal legislation is not strong in connection with the former legal protection.Therefore,summarizing the current situation of the provisions of personal biometric information in Chinese law,it is prudent to absorb foreign advanced legislative experience and build up the special protection system of Chinese personal biometric information criminal law.By adjusting the existing provisions of the crime against citizen personal information,the protection path of Chinese personal biometric information criminal law is made to choose.Criminalize the illegal use of personal biometric information,improve the identification standard of "serious circumstances" of personal biometric information,take into account the protection and utilization of personal biometric information,and achieve a dynamic balance between the value of individual rights and interests,commercial value and social value. |
