Research On Infringement Remedies For The Application Of Face Recognition Technology

Face recognition technology is a biometric technology with unique features such as non-contact,concealment and concurrency,and therefore the information subject faces realistic and urgent risks such as information being illegally collected,over-analyzed and leaked.The improper use of face recognition technology will infringe the legitimate interests of the data.At present,China’s relevant regulations on the infringement remedy are mostly concentrated in the fields of administrative supervision and industry regulation,which belong to the remedy in the middle of the matter.Although it has the effect of prevention and warning for enterprises and other subjects using the technology to implement infringement,it ignores the loss suffered by the infringed.Concretely,there are two facets of the problem.On the one hand,the rule of "informed consent" fails to work in ex ante remedies.The application of the "separate consent" rule leads to a conflict between the pursuit of procedural justice and the practical needs of technical efficiency,and the consent is difficult to be withdrawn in substance.On the other hand,it is difficult to determine the liability for infringement in post-facto remedies.Lack of standards for the determination of infringement;the information subject is difficult to judge and prove the causal relationship and subjective fault;the existence of infringement damage consequences is difficult to determine,and the specific content of the damages cannot be determined.The aforementioned dilemma makes it difficult for information subjects to obtain adequate remedies.The following measures are recommended: First,in the initial stage of technical application,the information processor’s obligation to inform is refined and dynamic consent rules are constructed to ensure that information subjects are fully aware of the matters related to the collection and use of their information,so as to make effective consent authorization.Secondly,according to the different attributes of technology use subjects,distinguish public and private subjects to apply different imputation principles,and refine the processing obligations of each link,adopt a ranking causality judgment method,and expand the scope of damage determination from both the existence and specific content of damage,so as to improve the rules of tort liability determination.Perfecting the infringement remedy of face recognition technology application can not only fully protect the rights,but also guide the technology to get the best development within the reasonable scope.