Face recognition technology is an advanced recognition technology that identifies people based on their facial feature bet365 bonus code pa。Because of its lack of emotion、Widely used due to convenience and accuracy，However, it has also caused some legal issues in recent years，How to properly regulate the law deserves in-depth study。

　　Hidden concerns about personal privacy and bet365 bonus code pa security

1st，Threat to personal privacy。The face bet365 bonus code pa used by face recognition technology is unique personal biometric bet365 bonus code pa，When the system is not perfect, it is easy to threaten the privacy of individual citizens。For example，February 2019，Shenzhen “AI + Security” company caused data leakage due to lack of protection of face recognition database，allows unrestricted access to facial bet365 bonus code pa of more than 2.5 million people。September of the same year，“ZAO” face-changing App requires users to agree to grant “ZAO” and its affiliates completely free of charge worldwide、Irrevocable right to use face photos，Clearly suspected of violating user privacy，Finally interviewed by the Ministry of Industry and bet365 bonus code pa Technology and asked for rectification。According to IHS research report，By 2021，More than 1 billion surveillance cameras will be installed and operated around the world，And more than 50% of the cameras will be located in China。Lack of protection of related databases、The excessive collection of various apps and the almost ubiquitous use of facial recognition devices have led to tensions between facial recognition technology and personal privacy。

Second，Disclosure of personal bet365 bonus code pa。According to "Personal Rights" in Part 4 of the Civil Code、Provisions of the "Cybersecurity Law" and related judicial interpretations，Our country adheres to the legislative concept of dual protection of “privacy and personal bet365 bonus code pa”。Face recognition bet365 bonus code pa is related to privacy，It is also citizen personal bet365 bonus code pa that can individually identify a specific natural person or reflect his or her activities。Once massive facial bet365 bonus code pa is leaked，It will lead to lifelong leakage because the face is difficult to replace，Even if the bet365 bonus code pa subject successfully defends his legal rights，It is also difficult to restore the original state。Therefore，Whether it is a government department or a commercial organization，If collecting、Storage、Did not comply with the "legality" determined by laws and regulations when using facial bet365 bonus code pa、Legitimate、Necessary” and “inform-consent” principles，All may cause corresponding legal liability due to infringement of citizens’ personal bet365 bonus code pa。For example，May 2020，A fitness center in Suqian City, Jiangsu Province illegally collected facial bet365 bonus code pa of members，Ordered by Suyu Branch of Suqian Municipal Public Security Bureau to make rectifications within a time limit and issued a warning。In recent years，Many perpetrators have illegally obtained or sold to others、Provided facial bet365 bonus code pa and was held criminally responsible for infringing on citizens’ personal bet365 bonus code pa。

Third，There is a security risk。Currently，Face recognition technology is widely used in public security (criminal identification、Border Management)、Place entry and exit (institutional access control、Property Services)、bet365 bonus code pa processing (account authentication、File decryption) and other fields，But the application of face recognition technology is not impeccable。For example，2017 "3·15" party，The host is supported by technical staff，Cracked the "face-swiping login" authentication system by "changing faces" on the spot using only audience selfies。August 2018，The defendant Tang broke through the face recognition authentication system by making 3D facial animations，Causing the victim’s account property to be transferred。The technical conditions and management level of the subjects using facial recognition technology vary greatly，Some criminals will even develop hacking tools to bypass、Interfering with or attacking the systems and algorithms behind facial recognition technology，This leads to theft、Fraud、Downstream crimes such as home invasion，Endangering the victim’s data security、Property safety and even personal safety。

　Implement scientific standards and differentiate application scenarios

Industry standards in the personal bet365 bonus code pa field have both technical and institutional attributes，Decided that we should set scientific standards and implement them effectively，To ultimately form a consensus that is generally followed by the entire industry。my country’s latest national standard GB/T35273-2020 "bet365 bonus code pa Security Technology Personal bet365 bonus code pa Security Specification" replaces the GB/T35273-2017 version，Proposed the application of face recognition technology in the collection、Storage、Share、Standards for different aspects such as disclosure。To ensure the implementation of standards，We should further clarify the regulatory agencies and regulatory matters at the central and local levels，Highlight the leading role of the national and local Cyberspace Administration of China，Avoid potential arbitrariness and ambiguity in window guidance from different regulatory agencies；Adopt a hierarchical classification system to professionally certify the software and hardware of facial recognition technology，To ensure the security and accuracy of face recognition；Establish a "detection and evaluation" mechanism，To set enforceable and repeatable acceptance rules and verification procedures against existing standards。At the same time，Integrate the website of the National bet365 bonus code pa Security Standardization Technical Committee、CNKI standard library and other bet365 bonus code pa sources，Promote the construction of a unified standard bet365 bonus code pa disclosure platform，To guide the compliant operation of different entities in the field of face recognition technology。

In “public” scenarios where facial recognition technology is used based on public interest，We should adhere to the "principle of proportionality" and the "principle of least necessary"。The "principle of proportionality" requires social managers to adhere to the concept of "what cannot be done without express provisions of the law"，Pursue a balance between the realization of social governance goals and the legitimate rights and interests of counterparties。For this，It is necessary to clarify the connotation and extension of public interests in the field of face recognition。Public interests often refer to “the interests enjoyed by an unspecified majority of people in society”。Application scenarios combined with face recognition technology，Public interests can be divided into public safety、Specific types such as public order and public property，The specific scenario should be framed，Avoid arbitrary collection and use of facial bet365 bonus code pa in the name of public interests。At the same time，We must promote the hearing system with prior supervision，Evaluate the necessity of facial recognition technology application、Efficiency and risk，Establish an application filing or approval system for the application of facial recognition technology based on different situations。The "minimum necessary principle" requires that the application of face recognition technology must have a clear list of subjects and qualifications，The minimum collection frequency and quantity necessary to achieve the purpose，Avoid wanton expansion and disorderly collection。On authorized access and storage time，Minimum access control policy for authorized persons should be established；Unless otherwise authorized by laws, regulations or the bet365 bonus code pa subject，Facial bet365 bonus code pa should be deleted or anonymized within a certain period of time after realizing public interests。

In the "commercial" scenario，In addition to complying with the above principles，The public’s “right to choose” and “right to consent” must also be truly implemented。As far as options are concerned，Due to the high stability and difficulty of anonymity of face bet365 bonus code pa，Business organizations should learn from the scenario theory of privacy protection to establish identity recognition mechanisms in different scenarios。Password should be used in special scenarios where face recognition is really necessary、Fingerprint、Face and other multi-factor recognition management system，It is the independent choice of the bet365 bonus code pa subject；In general scenarios where precise identification does not need to be confirmed，Password should be adopted、Verification methods other than face recognition such as fingerprints，Reduce the collection of face bet365 bonus code pa from the source。In terms of the right to consent，Unless authorized by law or approved by regulatory agencies，Aiming at commercial organizations that forcefully collect facial bet365 bonus code pa or otherwise refuse to provide products or services，The bet365 bonus code pa subject may invoke the provisions of Articles 496 and 497 of the Civil Code regarding standard clauses to claim that the contract is invalid and report to the regulatory agency；Regulatory agencies should objectively evaluate the basis for commercial institutions to collect facial bet365 bonus code pa，Place institutions that improperly apply facial recognition technology into the "credit blacklist"，And fines or market bans can be imposed according to different degrees of violation，To ensure that the bet365 bonus code pa controller does not collect bundled facial bet365 bonus code pa against the wishes of the bet365 bonus code pa subject。

　　Create a convenient legal environment for the digital economy

In the era of digital economy where bet365 bonus code pa data has become an important means of production，Facial bet365 bonus code pa involves individuals、Common interests of industry and society。First，We should choose a special legislative protection model represented by the "Data Security Law" and "Personal bet365 bonus code pa Protection Law"，Clarify and delete、Anonymization、Confusing concepts such as de-identification，Integrate more than 40 departmental regulations involving face recognition、Nearly a hundred local regulations and normative documents，Improving the legal level of facial recognition regulations。Secondly，Articles 1034 and 1035 of the Civil Code establish the personal bet365 bonus code pa attributes of biometric bet365 bonus code pa (including facial bet365 bonus code pa)，But there is no special protection arrangement。Facial bet365 bonus code pa and privacy rights should be further clarified、Personal rights、Relationship between identity rights，Strengthen the “inform-consent” rules of “Privacy Policy”, “User Agreement”, etc.，Avoid default consent、Induced consent、The phenomenon of forced consent，Clear identification of “harm” for infringement of facial bet365 bonus code pa、Burden of proof and compensation standards。Again，The rights and obligations of different subjects in different legal norms should be coordinated，Promote the orderly flow of bet365 bonus code pa。The bet365 bonus code pa subject has a query、Correction、Delete、The right to withdraw facial bet365 bonus code pa，But bet365 bonus code pa controllers also have the obligation to perform the "network real-name system" and preserve "criminal evidence"，In this case, there may be a tension between the performance of obligations and the rights of the bet365 bonus code pa subject。The legal obligations of different entities should be well designed、National Security、Public Health、Allocation plan of rights and obligations in special circumstances such as litigation procedures，Create easy operation、A digital economic legal environment with clear powers and responsibilities。

In particular, we must actively play the role of criminal law in deterring facial bet365 bonus code pa crimes。my country’s criminal law and judicial interpretations adopt a classified protection method for personal bet365 bonus code pa，But there is no clear classification of facial bet365 bonus code pa and the standards for conviction and sentencing。Currently，First class property bet365 bonus code pa、Travel bet365 bonus code pa、Credit bet365 bonus code pa、The number of incriminating communication contents is more than 50；The second type of health physiological bet365 bonus code pa、More than 500 pieces of accommodation bet365 bonus code pa；The third category of other bet365 bonus code pa is more than 5,000 pieces。Face bet365 bonus code pa does not belong to the first category of bet365 bonus code pa，Different from the second type of health physiological bet365 bonus code pa，But it is obviously more important than other bet365 bonus code pa in the third category。The standard for conviction and sentencing of facial bet365 bonus code pa should be determined through the “other serious circumstances” clause in judicial interpretations，Refer to the 50 items of the first category of bet365 bonus code pa as the criteria for incrimination，When the quantity reaches more than 10 times the standard，Consists of "particularly serious circumstances"。At the same time，The black and gray industrial chain of facial bet365 bonus code pa is in addition to the crime of infringing on citizens’ personal bet365 bonus code pa，Also includes the provision of face recognition cracking software，Teaching the face recognition “photo activation” tool、Touting，Face recognition helps with crimes such as online fraud or theft，Should be used appropriately to provide intrusion、Illegal control of computer bet365 bonus code pa system programs、Tool crime，The crime of teaching criminal methods，Crime of Helping bet365 bonus code pa Network Criminal Activities，Fraud, theft and other crimes and the principles applicable to accomplices，Achieving the preventive effect of criminal law through effective crackdowns。

　(The author is deputy director bet365 bonus code pa Department of Law, School of Law and Politics, Zhejiang Sci-Tech University；Researcher at the Institute of Law, Chinese Academy of Social Sciences)