Research On The Legal Regulation Of The Application Of Face Recognition Technology In China

With the rapid development of artificial intelligence,new technologies have come into being,constantly bringing new technological experiences and enriching people’s daily life needs.As an important application of the development of artificial intelligence technology,face recognition technology is an emerging biometric technology based on human facial feature information for identity recognition.In recent years,with its unique advantages,face recognition technology has been widely used in many fields,from the "Skynet" system of public security organs to track fugitives,enterprise employee management to personal "face brushing" payment;From immigration management,public transportation,urban security to epidemic prevention and control,face recognition technology plays a huge role in many fields.However,the development of science and technology is a double-edged sword,face recognition technology in the daily life of people to bring a lot of convenience at the same time,there are also risks of infringement of personal property security,privacy,personal dignity and other risks.In the face of these risks,China currently lacks a perfect face recognition technology application legal regulatory system.This article takes China’s "first case of face recognition" as the background to lead to the arguments of this article,the case analysis method and the normative research method are used as methods.First of all,from the concept,principle,characteristics of a brief introduction to the face recognition technology,analysis of its application field and its value;Secondly,from the four infringement risks existing in the application of face recognition technology,the necessity of legal regulation of the application of face recognition technology is demonstrated;Third,through the analysis of the current legal regulation status in China,it is concluded that the current legal regulation of face recognition technology in China still has problems such as the application of legal,legitimate and necessary principles that are too broad,the principle of informed consent "fails",the dilemma of the application of the principle of purpose limitation,the lack of effective supervision mechanism,and the lack of protection for the realization of the right to delete;Finally,from the three aspects of the application of existing principles,administrative supervision,and judicial remedies,we will build a standardized legal regulation system for the application of face recognition technology in China.In terms of the application of existing principles,improve the legal regulatory principles for the application of face recognition technology from four specific aspects: strict application of the principles of legality,legitimacy and necessity,strict adherence to the principle of limiting purposes,construction of effective informed consent,and introduction of proportionality;In terms of administrative supervision,establish a special regulatory body for sensitive personal information,implement an industry licensing system for the application of face recognition technology,and improve regulatory measures to establish an effective regulatory mechanism;In terms of judicial remedies,the introduction of third-party professional institutions to ensure the right to delete information subjects,the introduction of punitive damages and the improvement of the judicial relief system,hoping that face recognition technology will better serve the society under the premise of not infringing on the rights and interests of face information,and bring more value to the development and progress of society.