Current,Concerns about facial bet365 sign up bonus code technology are mainly reflected in the "legality" of information collection、Justified、Essential” and address calls for safety。The introduction of the "Personal Information Protection Law" can be expected to provide a safe and favorable legal environment,Slow down people’s panic about information technology including facial bet365 sign up bonus code technology。But personal information protection is only one aspect of facial bet365 sign up bonus code technical specifications,Not all,There is no solution to the special legal issues of face bet365 sign up bonus code technology to provide appropriate regulations。The specifications of face bet365 sign up bonus code technology have two levels: first,The level of “face”,That is, under what circumstances and conditions can face bet365 sign up bonus code information be collected。Second,The level of “identification”,That is, who can be identified on what occasion,Even understand deeply。
There are currently two types of legal regulations stipulating the collection of facial bet365 sign up bonus code information: one stipulates the collection of human biometric information,Another category provides for photo collection。The first category of regulations includes: Article 7 of the "Exit and Entry Administration Law","Approved by the State Council,Ministry of Public Security、The Ministry of Foreign Affairs based on the needs of exit and entry management,Provisions can be made for retaining fingerprints and other biometric information of persons entering and exiting the country”。Article 50 of the Anti-Terrorism Law,"Public security organs investigating suspected terrorist activities...can extract or collect portraits、Fingerprint、Iris images and other human biometric information and blood、Urine、Biological samples such as exfoliated cells,And keep his signature"。Article 83 of the "Procedural Regulations of Public Security Organs in Handling Administrative Cases",“For suspected criminals,Portraits can be extracted or collected according to law、Fingerprints and other biometric information”。Although the above provisions are not directly stipulated,However, there should be no doubt that facial bet365 sign up bonus code information belongs to the subcategory of human biometric information。and,The iris image of Article 50 of the Anti-Terrorism Act due to its uniqueness,is important face bet365 sign up bonus code information。It is worth noting that Article 83 of the "Procedural Regulations of Public Security Organs Handling Administrative Cases" includes "portraits" as human body biometric information。
The second category of regulations includes: Article 3 of the "Resident Identity Card Law",The items registered on the resident ID card include personal photos。Article 6 of the Passport Law,Citizen applies for ordinary passport,Recent bareheaded photos and other relevant materials should be submitted。We think,Allowing the collection of photos is equivalent to allowing the collection of face bet365 sign up bonus code information。Photos and face bet365 sign up bonus code information are essentially the same,The reasons are: first,Both have a common purpose,Verify identity。With the improvement of various beauty technology,It becomes increasingly difficult to complete the photo task,In urgent need of more accurate facial bet365 sign up bonus code technology。Second,Complete both at the same time。One is a paper picture,One is data。The former is concrete,The latter is abstract。Future World,Photo dies,Data persists。Third,Face bet365 sign up bonus code enhances photo verification function,Not a new feature,Therefore does not add a new power。California v. Ciraolo) case,The United States Supreme Court held that,The EPA uses this camera simply to increase their natural sensory capabilities。Adopting means to enhance sensory abilities does not add new powers,For example, the police can use drug detection dogs to enhance their sense of smell,You can also use a telescope to enhance your vision。And so on,In addition to using photos to verify identity, facial bet365 sign up bonus code technology can also be used,This is not a new power。
The above analysis has opened up an extremely broad path for face bet365 sign up bonus code technology。In fact,my country’s public security system has replaced the second-generation resident ID card with built-in non-contact IC chip in 2004,Has formed a real identity information database for the country’s 1.4 billion population,And save digital photos。These digital photos belong to the information database of the face bet365 sign up bonus code system。In addition,People often need to report to their employer、The other party provides photos。
The spirit of freedom and respect for privacy mean that passers-by generally do not need to identify themselves to others,Not to mention being deeply spied on and understood by others。Anonymity is the norm,Identification is an exception,Should be based on bet365 sign up bonus code conditions、Procedures and Degrees Proceeding。
1st,Verify identity。Citizens who claim a certain identity need to indicate their identity,Only in order to enjoy the corresponding rights;Relevant agencies also have the power to verify the identity of citizens。Article 6 of the Customs Law,Customs can "check the documents of people entering and leaving the country";Article 11 of the "Exit and Entry Administration Law","Chinese Citizens Entry and Exit,You must submit your passport or other travel documents and other exit and entry documents to the entry-exit border inspection agency for inspection,Perform prescribed procedures,Approved after inspection,Only before leaving and entering the country”。In addition to the statutory verification power of state agencies,Legal persons and other organizations based on their inherent administrative functions、The other party also has and exercises similar rights according to the terms of the contract,The former is like unit attendance,The latter is like a zoo verifying the identity of visitors。Using face bet365 sign up bonus code technology to verify identity is more efficient and accurate,But the information base used as the basis for comparison can only be information related to the specific identity。
Second,Interrogation。Interrogation,Also known as job inquiry、Detention and search,Refers to the police temporarily stopping suspicious people and places、Interrogation、View、Check。The "Resident Identity Card Law", "People's Police Law", "Customs Law", "Entry and Exit Management Law", "Entry and Exit Management Law of Aliens" and other laws and related rules have stipulated the interrogation system。An important step in the interrogation is to identify the stranger’s identity,Therefore it is an important legal basis and field for the application of face bet365 sign up bonus code technology。Using facial bet365 sign up bonus code system to quickly arrest wanted criminals has become a powerful weapon for the police。The Skynet Project will enter the information of fugitives into the face bet365 sign up bonus code system,Can accurately and quickly locate fugitives。Face bet365 sign up bonus code system is also used to find missing persons。
It must be emphasized that those entering the information database should be persons with legal qualifications,For example, fugitives and homeless missing persons。Object to indiscriminate interrogation,That is, enter the information of ordinary citizens in the information database,Everyone’s identity information can be read out through the camera。At present, many local traffic police systems are gradually installed at various intersections、High-definition cameras with face bet365 sign up bonus code function are installed on the road section,Having formed a relatively complete capture network,And connected to the National Public Security Traffic Integrated Command Platform。Technical support can easily find out if the driver has a driver's license、Whether the driver’s license is invalid, etc.。Every person passing by the camera will have their identity information checked by the system,This is essentially an interrogation,And it is an indiscriminate interrogation without specific objects。It is illegal both substantively and procedurally,Does not meet legal requirements for interrogation。First,Inventory has physical prerequisites。The police must have at least "reasonable suspicion" to exercise their power of interrogation,or based on alarm、“Reasonable basis” such as on-site conditions。Secondly,The interrogation is required to be carried out on the spot,Abide by basic procedural justice。You need to identify yourself during the interrogation。Article 15 of the "Resident Identity Card Law",People’s police check resident ID card,Need to “show law enforcement documents”。Article 9 of the Police Law,“The people’s police of the public security organ shall deal with persons suspected of committing crimes,Upon presentation of corresponding documents,Can be questioned on the spot、Check”。Article 7 of the "Procedures for Handling Road Traffic Safety Violations","When traffic police investigate illegal activities,Should indicate law enforcement status”。On-site interrogation can guarantee the parties’ rights to make statements and pleas。The understanding of the identified person through interrogation,Limited to their identity information。Of course,If illegal facts are discovered,Need to depend on the situation,Penalize suspected offenders,Or continue questioning,Or take coercive measures,Even initiate a criminal investigation。
Third,Criminal Investigation。The information database of the facial bet365 sign up bonus code system can not only store photos of citizens,Can also match those with their names、Residence、Welfare status、Employment status、Tax records、criminal record、Data related to child support, etc.。The face bet365 sign up bonus code system can also use faces as clues,Collect and trace the target person’s action trajectory,Form an in-depth understanding and immediate control of the target person。The interrogation between administrative law and criminal justice measures does not allow such in-depth monitoring and investigation of the public。This kind of appeal can only be made through the Criminal Procedure Law,Authorized by the Criminal Procedure Law,Therefore also subject to this law。Article 115 of the Criminal Procedure Law,“The public security organs have filed criminal cases,Investigation should be carried out,Collect、Retrieve whether the suspect is guilty or not、Evidential materials for minor or serious crimes”。According to this article,Public security organs can investigate criminal suspects,Face bet365 sign up bonus code system as one of the investigation methods,There is nothing wrong with it,It is also the trend of modern technology development。
It’s worth considering,Whether facial bet365 sign up bonus code will constitute a search。In the comments of "Shaanxi Yellow Disc Case",Professor Lin Laifan interprets the right of inviolability of residence in our country’s constitution from the principle of private autonomy,Give it a certain degree of abstraction,Proposed the "private life expansion theory"。He thinks,"Residence" should not be a private house in the usual sense,It is a place where various general private lives unfold in physical space,Its establishment does not require a standard building structure or continuous occupation and other time and space requirements。The "private life expansion theory" puts "private life" before "place",Define "residence" based on "private life expansion"。This provides a possibility to incorporate facial bet365 sign up bonus code system monitoring into searches。However, “residence” in the Constitution ultimately requires certain spatial limitations as an element,Facial bet365 sign up bonus code systems are generally installed in public places,Whether it constitutes a search should be analyzed in detail in the specific case。
(The author is a professor at the bet365 sign up bonus code School of Fujian Normal University)
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