Research On Civil Law Regulation Of Application Of Face Recognition Technology

As one of the representative technologies in the development of emerging digital industry,face recognition technology has a strategic position in the development of national science and technology,especially in identity recognition and social management has produced great benefits.As a scientific product of deep integration of artificial intelligence and big data,face recognition technology produces a new challenge to the existing legal order in the application process,especially in the infringement of privacy rights and personal information rights and other civil rights and interests.In this regard,Civil Code and Personal Information Protection Law also respond positively to the problem of violating personality rights and interests in the application of face recognition technology from the legislative level,and regulate the protection of personal information from different legislative purposes such as the confirmation of rights.But the application of face recognition technology produced face biometric information has unique characteristics different from general personal information,such as not more modified and unique,coupled with the rapid spread of big data will lead to the damage of the consequences that can not be estimated and difficult to remedy.However,the current law does not have a unified and complete legal standard for the main tort risk relief system in the application of face recognition technology,which may lead to the current law for the application of face recognition technology can’t to remedy and reduce judicial efficiency.The most important role of private law is to remedy the infringed civil rights and interests and investigate the corresponding civil liability of the infringer after the confirmation of civil rights and interests.Therefore,it is necessary to analyze and respond to the current adverse situation of civil remedy in the application of face recognition technology.First of all,we should comb the development process of face recognition technology application,and analyze the application status of face recognition technology,understand the value and risk of face recognition technology application,and deeply discuss the necessary principle of legal regulation of face recognition technology application.Secondly,starting from the current civil Code and Personal Information Protection Law and relevant judicial interpretations that mainly regulate the application of face recognition technology,trying to grasp the dilemma of current laws in regulating the application of face recognition technology.For example,Under the existing judicial relief framework,the importance of the application of face recognition technology in civil norms is not reflected in the civil legislative level,and the legal status of civil rights and interests of face information is low;In judicial relief,the application of face recognition technology because of its own intelligence and big data characteristics,will further increase the information status mismatch and inequality between information processor and information agent,resulting in difficult to identify damage,and then difficult to make the right holder to obtain real relief.In addition,the application of face recognition technology tort elements in the tort subject,the principle of attribution,damage identification,causal relationship exist theoretical disputes,but also increased the judicial practice of the relief difficulties,and even lead to judicial relief contradictions and other problems.Thirdly,through the discussion and comparison of the legal model of the EU and the United States,which are relatively mature in the application of legal regulations on face recognition technology,we reflect on the path of the application of legal regulations on face recognition technology outside the region,in order to provide feasible inspiration and reference for the infringement relief system in the application of face recognition technology in China.Finally,on the premise of the current situation of legal regulation,the following suggestions are put forward: in civil legislation,to improve the protection level of personal information,we can refer to the legislative experience of the United States to enact a special legislation on personal biometric information;Define personal information as a specific right of personality in order to provide more clear and comprehensive civil remedy for face biometric information;Then refine the basic principles of the application of face recognition technology to standardize face information and protect the flow of data clear boundaries;And combe the face recognition information stored in the application of face recognition technology in the Civil Code and Personal Information Protection Law attribute positioning,clear the focus of the two laws and differences,in order to improve the relief effect of the two laws on the application of face recognition technology in judicial practice;In view of the rights and interests damage mainly caused by infringement in the application of face recognition technology,combined with the difficulties encountered in the judicial application of infringement relief,this paper puts forward specific measures to refine the tort relief system,and provides suggestions for the civil law regulation path of the application of face recognition technology.