Research On Civil Law Protection Of Personal Biometric Information In China

In the era of rapid development of information technology and artificial intelligence,biometric technology is widely used in various fields such as business,finance,security prevention and control.Personal biometric information,as a new type of personal information,plays an important role in promoting social and economic development and protecting national security,but it also hides the huge risks that may be brought by the disclosure of personal biometric information.As a subordinate concept of personal information,personal biometric information is currently mainly subject to the relevant laws and regulations of personal information.Although the Civil Code has made protective provisions for personal information through six provisions,the provisions are too abstract and generalized and do not take into account the particularity of biometric information,which is not enough to meet the protection needs of personal biometric information under the background of The Times.At present,there is a lack of special protection of biometric information in our civil law,and the legislation mode of personal biometric information at the legislative level needs to be optimized,and there are some problems such as unclear connotation and narrow scope of protection.At the judicial level,it is difficult to determine the subject and responsibility of the infringement and to identify the fact of infringement.In order to solve the problems in the protection of personal biometric information in the data era,we should analyze the protection situation of personal biometric information from the basic theory.At the same time,relevant laws and regulations outside the region are studied and discussed,and advanced legislative experience outside the region is summarized and learned.Therefore,according to the current situation in our country,the protection of civil law of biometric information should also be improved from the following aspects: the legislative perfection,the optimization of the legislative mode,the scientific definition of biometric information and set up the bottom clause,expand the scope of protection;On the judicial remedy,improve the identification standard of individual biometric information torts subject and liability,put forward some suggestions to solve the difficulties of the identification of tort facts,introduce the punitive compensation system,improve our civil law protection system of individual biometric information.