Human face recognition technology is an advanced recognition technology based on the characteristic information of the face of human face。Because it is not emotional、Convenience and accuracy is widely used，However, it has also caused some legal issues in recent years，How to properly regulate the law and deserve in -depth research。

　　bet365 best casino games

First，Threat personal privacy。Human face information adopted by face recognition technology is a unique personal biometric information，Under the circumstances of inadequate systems, it is easy to threaten the privacy of citizens' individuals。For example，February 2019，Shenzhen "AI+Security" company due to face recognition database lack protection, resulting in data leaks，As a result, face information of more than 2.5 million people can be accessed without restrictions。September of the same year，"Zao" face -changing app requires users to agree to grant "ZAO" and its related companies are completely free globally、The right to use face photos with irrevocable use，Obvious suspected violation of users' personal privacy，Finally was interviewed by the Ministry of Industry and Information Technology and asked for rectification。According to the research report of IHS，By 2021，There will be more than 1 billion monitoring camera installation and operation in the world，and more than 50%of the camera will be located in China。Related to protect the database、Excessive collection of various types of apps and almost omnipresent face recognition equipment lead to the tension between face recognition technology and personal privacy。

2，Leaks personal information。According to the fourth editor of the Civil Code, "Personality Right"、"Network Security Law" and relevant judicial interpretation regulations，my country adheres to the double protection concept of "privacy and personal information"。Face recognition information is about privacy，It is also a citizen information Bet365 app download that can also identify a specific natural person's identity or reflects their activity.。Massive face information Once leaked，It will be leaked for life due to the difficulty of replacement of the human face，Information subject even if the legal rights defend successful，It is difficult to restore the original state。Therefore，Whether it is government departments or business institutions，If you are collecting、Storage、"Legal determined by laws and regulations during the use of face information、Justice、Necessary "and" Inform - Agree "principle，It is possible to cause corresponding legal liabilities due to infringing the personal information of citizens。For example，May 2020，A fitness center in Suqian City, Jiangsu Province has collected members' facial information due to illegal collection，The Suyu Branch of the Public Security Bureau of Suqian City ordered the rectification within a time limit and warned。In recent years，Many actors have more actors who are illegally obtained or sold to others、Provide face information and be held criminally criminal liability for infringement of citizens' personal information。

third，There are hidden safety hazards。Current，Face recognition technology is widely used in public safety (criminal recognition、Border Defense Management)、Entry and exit at the place (institutional access control、Property Service)、Information processing (account authentication、File decryption) and other fields，But the application of face recognition technology is not impeccable。For example，At the "3.15" party in 2017，The host is supported by the technical staff，Based on the audience's selfie, the "change face" cracked the "face -to -face login" authentication system。August 2018，The defendant Tang broke the face recognition authentication system by making 3D face dynamic diagrams，The property of the victim's account was transferred。Human face recognition technology uses the technical conditions and management level of the main body to be mixed，and some criminals even develop hacking tools to bypass、Interference or attacking the system and algorithm behind face bet365 best casino games recognition technology，Then cause theft、Scam、Invasion of downstream crimes such as invasion，Data security that endangers the victim、Property safety and even personal safety。

　Implementing scientific standards Division of application scenarios

Industry standards in the field of personal information have both technical and systematic dual attributes，It determines that we should effectively implement the scientific standards while formulating scientific standards，To finally form a consensus generally complied with the industry。my country's latest national standard GB/T35273-2020 "Information Security Technology Personal Information Security Specification" replaces GB/T35273-2017，It proposed the application of face recognition technology in collecting、Storage、Share、Disclosure and other standards of different links。To ensure the implementation of the standard，We should further clarify the regulatory agencies and regulatory matters at the central and local levels，Highlight the leading role of the State and Local Network Information Office，Avoid the potential randomness and ambiguity in the guidance of different regulatory agencies; adopt a hierarchical classification system for professional certification for software and hardware of face bet365 best casino games recognition technology，To ensure the safety and accuracy of face recognition; establish a "test and evaluation class" mechanism，Set the executable and repeated acceptable acceptance rules and verification procedures for existing standards。At the same time，Integrate the website of the National Information Security Standardization Technical Committee、China Zhiwang Standard Library and other information sources，Promote the construction of a unified standard information disclosure platform，To guide the compliant operation of different subjects in the field of face recognition technology。

In the "public" scene of face recognition technology based on public interests，should adhere to the "proportional principle" and "minimum necessary principles"。"Propopy Principles" requires social governors to take the concept of "the law cannot do"，Balance between the realization of the realization of social governance goals bet365 Play online games and the legitimate rights and interests of the counterparty。For this，Need to clear the connotation and extension of public interests in the field of face recognition。Public interest often refers to "the interests of unspecified society unspecified most people"。Application scenario of combined with face bet365 best casino games recognition technology，Public interests can be divided into public safety、Specific types of public order and public property，Fragment of its specific scene，Avoid collecting and using face information in the name of public interest。At the same time，To promote the hearing system with the nature of before -advanced supervision，Evaluate the necessity of the application of face recognition technology、Efficiency and risk，and distinguish the situation of the application of face recognition technology applications or approval system。"Small necessary principles" requires the application of face recognition technology to have a clear list and qualification conditions，The minimum value required to achieve the purpose of achieving the purpose is in accordance with the collection frequency and quantity，Avoid wanton expansion and disorderly collection。In terms of authorized access and storage time，The minimum access control strategy of the authorized person should be established; unless laws and regulations or information subjects are authorized，Face information should be deleted or anonymous within a certain period of time after the public interest is realized。

In "Commercial" scene，In addition to obeying the above principles，It is necessary to truly implement the public’s "optional right" and "consent right"。For the right to choose，Due to the height stability and difficulty of face information，Commercial institutions should learn from the scene theory of privacy protection to establish different scenarios' identity recognition mechanisms。Passwords should be adopted in the special scenario that is really necessary for face recognition、Fingerprint、Multi -factor recognition management system，Autonomous choice from the information subject;，The password should be adopted、Fingerprint and other verification methods outside the face recognition，Reduce the Bet365 app download collection of face information from the source。As far as the right of consent，Except legal authorization or approval of regulators，Forced collection of facial information for commercial institutions, otherwise do not provide products or services，The main body of the information may quote Article 496 and Article 497 of the Civil Code.，Institutions that use improper application of face recognition technology into "Credit Blacklist"，and can be imposed on fines or market forbidden，To ensure that the information controller does not violate the information of the information subject, it is collected by bundled human face information。

　　Create a convenient digital economy rule of law environment

In the digital economy era of information data has become an important means of production，Face information involves personal、Common interests of industry and society。First，The special legislative protection mode represented by the "Data Security Law" and "Personal Information Protection Law" should be selected，Clear deletion、Anonymous、Removalization and other easily confusing concepts，Integration of more than 40 departmental regulations involving face recognition、Nearly 100 local regulations and standardized documents，Legal levels of improving face recognition specifications。Next，Article 1034 and 1035 of the Civil Code established the personal information attribute of biometric information (including face information)，But there is no special protection arrangement。should be further clarified to face face information and privacy right、Personal rights、The relationship between identity rights，"Inform -Agree" rules for strengthening the "Privacy Policy" and "User Agreement" and other methods，Avoid the default consent、induction consent、Phenomenon of compulsory consent，Clarify the "damage" identification of the facial information、Proof of proof and compensation standards。again，It should coordinate the rights and obligations of different subjects in different legal specifications，Promoting the orderly circulation of information。The information subject has query、Correction、bet365 live casino games Delete、The right to withdraw face information，But the information controller also has the obligation to fulfill the "network real -name system" and preserve "criminal evidence"，In this case, the tension relationship between its performers and the rights of the information subject may occur。It should be designed to design different subjects involving legal obligations、National Security、Public Health、Litigation procedures and other special circumstances of rights and obligations allocation schemes，Convenient operation、Digital economy rule of law environmental rule of law。

In particular, we must actively play the deterrent effect of criminal law on human face information crimes。my country's criminal law and judicial interpretation of personal information adopt a classification protection method，But there is no clear category of facial information and convicted quantity standards。Current，The first type of property information、Slottering information、Credit information、The number of commissioning content of communication content is more than 50 pieces; the second type of healthy physiological information、Accommodation information, etc. are more than 500 pieces; the third type of other information is 5,000 or more。Face information does not belong to the first type of information，Different from the second type of healthy physiological information，But obviously more important than other information in the third type of information。The terms should be determined through the "serious situation of other circumstances" in the judicial interpretation to determine the conviction standard for face information，50 pieces of the first type of information are the criteria for crime，When the number reaches the standard more than 10 times，constitutes "particularly serious plot"。At the same time，Human face information black and gray industry chain Except for infringing citizens' personal information crimes，It also includes the provision of face recognition and cracking software，Face recognition "Photo activation" tool teaching、Sales，Face recognition helps cyber fraud or theft bet365 best casino games criminal types，It should be used reasonably to provide invasion、illegal control computer information system program、Tool crime，Teaching crime method crime，Help information network crime activities，Principles of the crime of fraud and theft of theft，The prevention effect of the criminal law is achieved by effective strikes。

　(The author is deputy director of the Law Department of Zhejiang University of Technology; researcher at the Institute of Law of the Chinese Academy of Social Sciences)