"The Code of the People's Republic of China" (hereinafter referred to as the "Civil Code") Article 1034 clearly explicitly incorporate personal biometric information into the category of personal information，This is an important expansion of legal protection of personality rights。Personal biometric information includes gene、Fingerprint、sound pattern、Palm line、Ear Guo、iris、Facial recognition features, etc.。The uniqueness it has、Features such as complexity and non -changing，It can ensure the safety and reliability of subject recognition and certification。Current，Combined 5G、Big Data、Cloud computing and other technologies，The application of personal biometric information has involved many areas of social governance and social life。But the unique and powerful identification attribute of personal biological information also enables it to directly associate the personality rights of the information subject，Once leaked、Abuse，It will cause huge losses，Therefore, it is necessary to protect it。

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First，Biometric information is closely related to the personality characteristics of the subject，belongs to personal sensitive information，The exercise of the personal information rights involved in the subject，Including the right of knowledge、Selection and consent rights。In practice，Many application software is automatically activating the camera of the smart device、No special prompt at the microphone，Instead, collecting faces in a non -open and transparent way、Sound pattern and other personal biological information，Whether it is intentional or unintentional，This all violates the principle of "knowing consent" recognized in the field of personal information protection，It damaged the right to know the subject of the information of the information。And some companies only need to collect all personal information，It seems to meet the requirements of transparency，Actually bet365 Play online games ignores the sensitivity and importance of biometric information，No "soliciting consent alone"。Some companies collect and consumption of biometric information、Software application and other bundles，Forced the public to take the initiative to give up the mastery and protection of information，This is obviously deprived of the right to "choose not to participate" in the information subject。

Next，Intelligent applications of personal biometric information may directly or indirectly affect the personality equality of the information subject。Although biometric technology can greatly improve social operational efficiency，But its intelligent foundation also exacerbates inequality between the public。Individuals who cannot use smart devices or biological information that cannot be recognized by smart devices，It may not be able to enjoy the relevant convenience、Security，Therefore, new social discrimination or unfairness，This problem occurs more in the field of social governance。other，Excessive collection and use of personal biometric information can also lead to informationization of the body，and cause the problem of dignity that harms people。For example，Some places have said，In the future, the subway will be established "Whitening List"，Relying on the face recognition system to judge passengers，Take different security measures to different passengers。Whether this artificial "classification" and "divide" will cause personality discrimination against special passengers，worth thinking about。

Last，Leakage or abuse of personal biometric information may damage the privacy of the subject、Portrait right、Honorary rights and other personality rights。The development and application of biometric technology in practice quickly，On the one hand，People's pursuit of convenience can easily cause their selectivity to underestimate or ignore risks; on the other hand,，The lagging and lack of the system is not conducive to the pursuit of the interests of regulations and constraints the interests of commercial interest groups。As a result, the consequences are that the rights of the information subject cannot get enough attention，Especially after the information Bet365 lotto review is collected，Application of the right of rights、Storage、Edit、Transfer and deletion cannot be controlled，Leaked personal biological information、Identity、The situation of privacy damage is common。Compared to name、Tel、Address and other personal information，The leakage and abuse of biometric information are obviously much larger。The so -called "deep forgery" and "AI face change" and other issues have caused the public to have the right to privacy of themselves、Honorary rights、Portrait right、General concerns of the infringement of honor rights。

　　Second，Strengthen the construction of legal rights related to the protection of biological identification information。

The development of technology is to put the double -edged sword，Information subjects enjoy the benefits brought by biometric information in more and more fields，The protection of its own protection is gradually weakening or even disappeared。So，Improve the construction of relevant legal system，Strengthening security guarantees and rights protection seems particularly urgent。

First，Clearly regulate the boundaries of personal biometric information business applications。The application of personal biometric technology in the field of public policy and social governance has a long history，Construction of such as a smart city、Skynet System、Fingerprint database, etc.。The application of biological identification information in the business field has only been able to erect in recent years。From the perspective of the practice of technological innovation and economic development in my country，It is necessary to be positive、Reasonable understanding of personal biometric technology，Give it the opportunity to enter the field of business applications，To serve humans and society。Of course，Given that biometric information is more sensitive than other personal information，It also needs better protection strategies。The collection and processing of personal biological information may be due to public purposes or for business purposes，It is necessary to distinguish between the two，Clarifying the right to protect the individual of the information subject is preferred by Bet365 lotto review the business use of biometric information。When determining the scope of the business application，The income and risks of the application of personal biometric information should be fully evaluated，Follow the principle of "minimum necessary"，Only allow commercial enterprises to collect、The minimum personal information type and quantity required to deal with the purpose of meeting the purpose of the information subject authorization。At the same time，Take measures to ensure that multiple certification methods coexist，Avoid personal biological information as the only way to solve the problem of certification or identification，To balance information with the main body of information、Selected equity and needs of corporate technological innovation。

Next，Clarifying the legal basis for the protection of personal biometric information is personal information right。At present, the legislative positioning angle of personal biometric information protection is different。The method of the United States is to attach the protection of personal information to the legal system of privacy rights。EU protection of personal biometric information more focuses on the personal data rights of citizens。EU court's judgment on Michael Schwarz v. Stadt Bochum，It believes that personal biometric information represented by fingerprints should be regarded as the constitutional rights of citizens，Need to be protected by special legal protection。my country's existing regulations for the protection of personal biological identification information is for the consequences of different illegal acts，Take corresponding protection measures。external image such as facial information belongs to portraits，Protection of the right to portrait，The behavior of illegally collecting personal biometric information may constitute an infringement of privacy，Regulations for the protection of privacy rights。This distinction protection although it covers all aspects of the application of bet365 Play online games personal biometric information，But to a certain extent, the difficulty of protecting the right of the information subject。So，It is necessary to adapt to the rapid development of the application of personal biometric information，Personal information and privacy right、Portrait rights and other separation，Promote the protection of personal biometric information。

again，Clarify the specific rules of the government and enterprises to collect and use personal biometric information。High sensitivity to personal biometric information、Powerful privacy，Its application scenarios often have a significant impact on the personal or property rights of the information subject，So collect、Storage、Processing、Transfer、Public disclosure and other links must be treated with caution。In order to meet the special needs of personal biometric information protection，In addition to abide by the provisions of the general principles of personal information processing general principles，You can also perform the provisions of the "Personal Information Security Specification of Information Security Technology" (2020) (hereinafter referred to as the "Specification")。"Specifications" clearly stipulates that the special protection rules for personal sensitive information are applied to the requirements of biometric information，Has strong operability，Specific rules include the dual demand of "separate notification+obtaining consent" of information collection、Re -inform consent again when shared transfer、Information and Abstract Storage、It is strictly forbidden to disclose personal biometric information。To enable these special protection rules to obtain legal compulsory effectiveness，It is necessary to focus on the right to protect the rights of information and promote the legislative purpose of the enterprise to make reasonable use of information，Increase the above recommended national standards into the design of the legal system of personal biometric information protection。

Times，Clarify the legal obligations and responsibilities of the subject of personal biometric information。The specification path of information application subject involves two aspects: First, the supervision of biological information recognition technology。Modern intelligent technology is no longer the neutral media of people and the world，but an autonomous bet365 best casino games system。For the negative impact of the technical system、Avoiding technical risks，While calling for innovative R & D people to follow the technical ethics，It should also be clarified to clarify its legal liability。R & D personnel of biological information recognition technology should ensure that the algorithm they write is objective and neutral，The application process is open and transparent，The part that may involve the rights and interests that may involve others must be explained or legitimate reason。Second, the requirements for biometric information application enterprises。Personal biological identification information is leaked or the use of ultra -purpose use may be the property rights and interests of the information subject，It may also be personal rights and interests，or both with both。The consequences of the damage may be reality，It may also be potential，More serious than other information or data。Enterprises that master a lot of information should have the management ability that matches the security risk they face，Protect the privacy of information、Integration and availability。In terms of infringement liability identification，By wrong、The identification of the consequences of damage and the principle of blame，It is necessary to make more specific and clear regulations。

Last，Improve the judicial relief standard for personal biometric information。Technical innovation is also accompanied by a certain safety defect。When it is difficult to completely avoid the risk of information loss or stolen，The law is necessary to stipulate appropriate risk to make up for measures，in order to provide timely and effective relief for the information subject。On the one hand，When a personal biometric information leakage occurs,，Information controller must fulfill the obligation of security incidents，to prevent loss or expansion; on the other hand，Information subject or controller shall have the right to apply to the court for the "prohibition order" or "forced order"，Requires information illegal winners to completely delete bet365 Play online games personal biometric information，It is forbidden to store or use personal biometric information。Maybe the equity of the information subject at this time has not been damaged by substantial bet365 best casino games damage，But this kind of judicial relief measures with preventive functions are obviously the uniqueness and higher protection standards that are uniquely adapted to personal biometric information，Its necessity is self -evident。

　　(Author Unit: School of Law, Fujian Normal University)