Current，The concerns about face recognition technology are mainly manifested as "legal、Plumber、Necessary "and deal with safety appeal。"Personal Information Protection Law" is promulgated to be expected to provide a safe and favorable legal environment，Slows the panic of people's information technology including face recognition technology。But personal information protection is just one aspect of the technical specifications of face recognition，Not all，It has not solved the special legal problem of face recognition technology to provide appropriate specifications for it。The specifications of face recognition technology have two levels: first，"Face" level，In any condition, you can collect face recognition information。Second，"Identification" level，That is, what occasion can I identify，even in -depth understanding。

At present, there are two main types of legal specifications for the collection of face recognition information: one category stipulates the collection of human biometric information，Another type of photo collection。The first type of regulations are: Article 7 of the Entry -Exit Management Law，"Approved by the State Council，Ministry of Public Security、The Ministry of Foreign Affairs according to the needs of outbound entry management，You can make a provision of human biometric information such as fingerprints such as retained outbound immigrants "。Article 50 of the Anti -Terrorism Law，"Suspects of investigating terrorist activities in the public security organs ... can be extracted or collected in portraits、Fingerprint、iris image and other human biometric information and blood、urine、Biological samples such as falling Bet365 lotto review off cells，and retain its signature "。Article 83 of the Provisions of the Public Security Organ Regulations of the Administrative Cases，"The suspect of illegal law，You can extract or collect portraits in accordance with the law、Fingerprint and other human biometric information "。Although the above provisions have not directly specified，But face recognition information is a sub -category of human biometric information.。and，The iris image of Article 50 of the Anti -Terrorism Law is due to its uniqueness，It is an important face recognition information。"Regulations on the Procedure of Administrative Cases of Public Security Organs" Article 83 of the "Portrait" into human biometric information is worth noting。

The second type of regulations are: Article 3 of the Resident ID Law，The project registered by the resident ID card includes my photo。Article 6 of the passport method，Citizens apply for ordinary passports，It should be submitted to related materials such as the recent pseudonym photos。We think，Allowing collection photos is equal to allowing the collector face recognition information。Photos and face recognition information are essentially the same，Reasons: First，Both have a common purpose，A verification identity。With the improvement of various beauty technology，Photo is difficult to complete the task，Urgent need more accurate face recognition technology。Second，Complete the two at the same time。One is a paper picture，One is data。The former，The latter abstraction。Future World，Destroyer photos，Data long last。third，Face recognition to strengthen photos verification function，Not a new feature，Therefore, it does not add a new power。California v. Ciraolo case，The Supreme Court of the United States thinks，The U.S. Environmental Protection Agency uses the camera to increase their natural sensory bet365 Play online games ability。The means of enhancing sensory ability is not to increase new power，For example, the police can use anti -drug dogs to enhance their sense of smell，You can also use a telescope to enhance your vision。and so on.，A verification of identity can also use face recognition technology，This is not a new power。

The above analysis has opened a very broad road for face recognition technology。In fact，my country's public security system has replaced the second -generation resident ID card with a built -in non -contact IC chip since 2004，It has formed a true identity information library of 1.4 billion people nationwide，and save digital photos。These digital photos belong to the information library of the face recognition system。In addition，People often need to use the employer、The contract provided with the contract。

The respect of freedom and privacy means that in general, people do not need to show others their identity，Not to mention being deeply spy and understand by others。Anonymous is normal，Identification is exception，It should be according to statutory conditions、procedure and degree to perform。

First，A verification of identity。Citizen claims that a certain identity needs to be identified，can enjoy the right accordingly; relevant agencies also have the right to verify the identity of citizens。Article 6 of the Customs Law，Customs can "check the documents of the personnel entering and exit personnel"; Article 11 of the Entry and Exit Management Law，"Chinese citizens exit and enter the country，shall submit my passport or other travel certificates such as the entry and entry border inspection agency，Performing the prescribed procedures，Make check -in，Fang can exit and enter "。Except the legal verification power of state organs，Legal person and other organizations based on their inherent administrative functions、The contract Bet365 app download party also has similar powers in accordance with the terms of the contract，The former is such as the unit attendance，The latter as the zoo verify the identity of tourists。A verification of identity adoption of face recognition technology is more efficient and accurate，But the information library that compares the foundation can only be information related to this specific identity。

2，Check。Check，Also known as job question、Remove search，refers to the police temporarily blocking suspicious personnel and suspicious places、Question、View、Check。"Resident ID Law", "People's Police Law", "Customs Law", "Entry -Exit Management Law", "Foreigners Entry and Outbound Management Law" and other laws, as well as related rules, all stipulate the inspection system。A check -up of an important link is identifying the identity of strangers，Therefore, it is an important legal basis and field for the use of face recognition technology。The use of the face recognition system to quickly arrest the wanted criminals has become a powerful weapon for the police。Tianwang Project will enter the face recognition system in the information of the fugitive，Can achieve accurate and quickly positioning in the fugitive。Human face recognition system is still used to find the missing person。

It must be emphasized that the person who enters the information library should be personnel with legal conditions，For example, in fugitives and wandering missing persons。We must oppose no difference to check，Enter information from ordinary citizens in the information library，Each person can be read out of identity information after the camera。At present, many local traffic police systems are gradually at the intersection、​​The high -definition camera with facial recognition function is installed with a high -definition camera，Formed a relatively Bet365 app download complete capture network，and access to the National Public Security Traffic Integration Command Platform。Technical support can easily find out whether the driver has a driver's license、Whether the driver's license fails, etc.。Everyone who passes by the camera is tested by the system to be tested for some identity information，This essence is investigation，And there is no difference in check without specific objects。It has illegal law both in the entity and procedures，Not in line with the statutory requirements for investigation。First，Checking has a physical prerequisite condition。Police exercise the right to investigate at least "reasonable doubt"，or based on alarm、"Reasonable basis"。Next，Checking requires on the spot，About the basic procedure justice。Investigation needs to show your identity。Article 15 of the Resident ID Law，People's Police check the resident ID card，Need to "Show the Law Enforcement Certificate"。Article 9 of the Police Law，"The people of the public security organs of the public security organs are suspected of illegal crimes，Show the corresponding document，You can ask on the spot、Check "。Regulations of Article 7 of the "Regulations on the Procedure of Road Traffic Safety Illegal Behavior"，"When a traffic police investigating illegal acts，It should be expressed "law enforcement identity"。On -site investigation can ensure the rights of the parties' statement and defense。Check the understanding of the recognized person，It is limited to its identity information。Of course，If you find illegal facts，Need to be according to the situation，Punishment of the suspect of illegal law，or continue to question，or take compulsory measures，Even starting a criminal investigation。

Third，Criminal Survey。The information library of the face recognition Bet365 app download system can not only store photos of citizens，You can also match those names with them、Residence、Welfare status、Employment、Tax records、Criminal Record、Data from the degree of child care, etc.。Face recognition system can also face a person as a clue，Collecting and tracing the action trajectory of the target characters，Forms in -depth understanding and instant control of target characters。Investigation of administrative law and criminal judicial measures does not allow such in -depth monitoring and investigation to the people。This kind of appeal can only be used by the Criminal Procedure Law，Authorized by the Criminal Procedure Law，Therefore, it is also constrained by the law。Article 115 of the Criminal Procedure Law，"Public security organs to criminal cases filed on the case，Investigation should be performed，Collection、Crime or innocence of the suspect for retrieved the suspect、Evidence Materials with Light Crime or Evil "。According to this strip，Public security organs can conduct an investigation on the suspect，The face recognition system as one of the investigations，Nothing to，It is the development of modern technology development。

It is worth considering is，Whether human face recognition will constitute a search。In the comments of the "Shaanxi Huang Dan Case"，Professor Lin Laifan interprets the right of houses that are not violated in my country's constitution from the principle of self -autonomy，Give it a certain degree of abstraction，I proposed the "Private Life Expand"。He thinks，"House" should not be a private house in the usual sense，but a place that generally lives in physical spaces，It does not need to have a standard building structure or continuously possessing the requirements of time and space。"Performance of Private Life" puts "private life" before bet365 live casino games the "place"，Definition "residential" with "Private Life"。This provides a possibility for incorporating the face recognition system monitoring system。But the "residential" in the Constitution needs a certain space limitations as a element，The face recognition system is generally set in public places，Whether a search should be analyzed in specific cases。

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