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Research Research On Privacy Protection Of Personal Biometric Information

Posted on:2024-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:J XiaFull Text:PDF
GTID:2556307133467584Subject:Law
Abstract/Summary:PDF Full Text Request
The advent of the digital age,highlights the importance of personal information,but also to personal information protection from the emphasis on private interests to the public interest shift.Because of the uniqueness and immutability of personal biometric information,once it is infringed,it will bring irreversible damage,thus highlighting the practical needs of personal biometric information protection.However,there is no special legislation on biometrics information in our country at present.According to Article 1034 of Civil Code of our country,biometric information is included in the protection category of personal information,and the right to privacy is applied to the private information in it,while the non-private information is applied to the protection of personal information,delineate the boundaries of how information is protected.Although the civil code stipulates that private information can be protected by the right to privacy,what kind of biometric information belongs to the right to privacy and can be protected by the right to privacy?Biometric information infringement occurs in the computer system,how to identify the infringement? The civil code has not yet given an answer to the question of how to remedy the damage.Therefore,in order to better improve the biometric information through the path of privacy protection.This article mainly through the concept of personal biometric information,judicial status quo and so on,to explore and promote biometric information through the protection of privacy to provide ideological context.This article follows the line of theoretical analysis,finding problems,drawing lessons from other countries and putting forward countermeasures.The text is mainly divided into four parts.The first part,mainly based on domestic and foreign scholars for the study of biometric information,to determine its concept and legal attributes,and clarify its current legislative status in our country.The second part,according to the judicial practice,specifically analyzes the problems in our country’s biometric information protection path,which lays the foundation for the fourth part.The third part,mainly from the experience of extraterritorial legislation,analysis of its existing bright spots,and on the basis of the comprehensive conditions of our country,draw a reference to our enlightenment.The fourth part,in view of the problems found in the second part above,combined with the current legislative situation of personal biometric information in China,puts forward specific suggestions,such as clear definition of private information,clear rules and principles of infringement,etc.,it is expected to be beneficial to the protection of biometrics information in the future...
Keywords/Search Tags:Personal biometric information, right to privacy, personal information, right relief
PDF Full Text Request
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