Legal protection of a citizen’s right to a facial image when applying facial recognition technology in Chinese law

Authors

DOI:

https://doi.org/10.21638/spbu25.2024.210

Abstract

In the era of the rapid development of big data, facial recognition biometric technology, which identifies and confirms the identity of persons by their face, is gradually becoming an object of public attention. Developing facial recognition technology has become an indispensable means of collecting information for government and commercial organizations. Facial recognition technology can be used to quickly identify individuals and improve efficiency and accuracy. However, there are two sides to everything, and the widespread use of facial recognition technology has affected the traditional system of protecting the citizen’s right to a facial image, and the relevant laws should be improved in connection with the leakage and misuse of facial images. Only under the double safeguard, both the advancement of facial recognition technology and the improvement of laws can further protect the citizen’s right to a facial image. This article analyzes the use of facial recognition technology and the risks associated with it, explains the legislative framework and its shortcomings in China, and makes appropriate proposals for further protection of the generated facial image information in facial recognition technology.

Keywords:

face recognition technology, facial image protection, sensitive personal data, Chinese law, artificial intelligence, digitalization, personal rights, information

Downloads

Download data is not yet available.
 

References

Bao, Xiaoli. 2021. Risks and Responses to Data Sharing. Journal of Shanghai Law School (Rule of Law Series) 5: 122–136. (In Chinese)

Fu, Weiming. 2019. The legal protection model of personal biometric information and the choice of China. Journal of East China University of Political Science and Law 6: 78–88. (In Chinese)

Fu, Weiming. 2020. A Study on Litigation Remedies for Civil Rights of Personal Biometric Information. Journal of Law 3: 73–81. (In Chinese)

Hu, Ling. 2021. Swiping: Identity Regimes, Personal Information and Legal Regulation. The Jurist 2: 41–55. (In Chinese)

Jiang, Jie. 2019. Infringement risks and control strategies of face recognition technology applications. Books & Intelligence 5: 58–64. (In Chinese)

Miao, Jie. 2021. The Risk Challenges and Regulation of “Easy-to-Crack” Face. Recognition. Information Security Research.10: 984–988. (In Chinese)

Published

08.07.2024

How to Cite

Jia, S., & Zhang, J. (2024). Legal protection of a citizen’s right to a facial image when applying facial recognition technology in Chinese law. Pravovedenie, 68(2), 271–283. https://doi.org/10.21638/spbu25.2024.210