Legal Regulation Of The Application Risk Of Personal Biometric Information

Biometric information technology + big data and artificial intelligence bring scientific and technological benefits to the country,society and individuals,but also breed a series of potential application risks.The emergence of China’s "first case of face recognition" and the application of "Moya Hey" magic face changing video technology,which is essentially "deep forgery",means that the application of personal biometric information is as important as regulation.Compared with the general personal information,personal biometric information has the characteristics of ontology and society.The particularity of ontology includes the uniqueness,irreplaceability and dignity of information.Personal biometric information is unique,different from its own or other people’s personal biometric information of the same kind,and derived from the irreplaceable,and this specific personal biometric information can represent the personality in a certain sense,with human dignity.Social particularity is mainly manifested in its wide application,easy to be stolen,and irreversibility after leakage.With the development of artificial intelligence and big data,personal biometric technology is widely used in financial payment,transportation,community access control and other fields.The information generated by the technology is converted into code and stored in the system,which makes personal biometric information easy to be illegally stolen by others and poses a great threat to the personal and property safety of natural persons.In addition,personal biometric information is unique.The illegal application of personal biometric information will cause irreparable loss to natural people.The ontology particularity and social particularity of personal biometric information determine that personal biometric information technology not only brings great convenience to personal life and social development,but also brings great application risk.This kind of application risk is manifested in the risk of personal biometric information infringement caused by excessive collection,the risk of personal biometric information theft caused by hacker attack,the risk of personal biometric information out of control caused by information abuse,and the risk of personal and property security caused by biometric technology cracking.From the perspective of risk characteristics,the application of personal biometric information has the characteristics of more uncontrollable risk scope,difficult to determine the responsibility subject and more hidden risk behavior.The legal regulation of the application risk of personal biometric information technology has the following difficulties: the lack of specific protection law of personal biometric information,the lack of follow-up of regulatory agencies for the processing of personal biometric information,the weak industry regulation of personal biometric information application platform,and the lack of litigation path for the right relief of personal biometric information.The legal regulation of the application risk of personal biometric information is urgent.On the basis of analyzing and summarizing the legal regulation strategies of the risk of personal biometric information application abroad,and considering the current situation of legislation and technology application in China,we should explore the three-dimensional balance between the development of science and technology and the protection of rights from four aspects: the change of governance concept,the strengthening of government regulatory responsibilities,the improvement of industry regulatory measures,and the innovation of right relief procedure mechanism To build a comprehensive and multi-level legal regulation system of the application risk of personal biometric information.