Research On The Dilemma Of Criminal Law Protection Of Personal Biometric Information And The Way Out

With the development of biometric-related technology,citizens’ personal biometric information is given more application channels and values under the background of big data,which is not only used to identify citizens’ personal identity but also has great commercial value.While big data precise service facilitates citizens’ daily life,the criminal risk of citizens’ personal biometric information being infringed also increases,which has a negative impact on citizens’ personal information security and social and national order stability.This has a negative impact on citizens’ personal information security and social and national order stability.The infringement of personal biometric information has more serious legal benefits than the traditional infringement of personal information.If biometric information is illegally obtained or used,it may directly lead to security problems such as identity theft,which not only causes infringement of citizens’ personality rights and interests,but also threatens citizens’ personal safety,social public order and national security while damaging citizens’ property rights.Compared with the legal interests infringed by the infringement of citizens’ biometric information,the criminal law regulation by infringement of citizens’ personal information alone is not enough to prevent and combat such criminal acts.According to the development and application status of biometric technology,it is necessary to pay attention to the importance of protecting citizens’ compound legal interests,social security order and national public security,and it is necessary to criminalize and regulate its protection.With regard to the legislative protection of biometric information,China’s criminal law does not provide special protection for the security of biometric information,and its protection is mainly summarized in the crime of infringing on citizens’ personal information.Since there is no unified definition of personal biometric information,it leads to the ambiguity of specific acts and criminalization standards for infringement of biometric information.It is difficult to comply with the criminal law principle of criminalization and punishment,and it is also difficult to achieve the effect of punishing the crime compared with the legal interests it infringes.With regard to the application regulation of biometric technology,biometric technology can easily identify citizens’ identity information and other subsidiary privacy information through database,and China’s criminal law has not yet regulated the act of "lawful acquisition-unlawful use" of biometric information.At the same time,the issue of how to protect the security of citizens’ biometric information is crucial to the regulation of the abuse of deep forgery technology in the field of infringement of citizens’ personal information.