Legal Regulation and Path Improvement of Face Recognition Information Protection from the Perspective of Comparative Law

Abstract

With the increasing popularity of artificial intelligence technology, face recognition technology has shown explosive growth, but high speed and risk coexist. In recent years, the number of cases caused by face recognition has been increasing at home and abroad. The civil law system has paid attention to the protection of face information, a particular type of personal information. However, whether the existing law can fully deal with the face recognition technology under the new technology development situation and whether it can effectively protect it still needs further demonstration and analysis. From many face recognition infringement cases, we can see that the abuse of face recognition technology and the infringement of face information have caused severe violations of personal rights and even endanger public security. With the introduction of the Personal Information Protection Law and Civil Code, information subjects obligations and legal consequences are stipulated, which better meets the practical needs of face recognition information protection. However, there are still some problems in practice, such as imperfect standards of face recognition information obligations, unclear definition of the 'safety, legality, legitimacy and necessity' principle, poor protection of sensitive personal information, complex relief of data space infringement, and unclear connection with criminal law. Therefore, based on the analysis of extraterritorial experience and domestic legislation and judicial practice, we can further improve the problems above and optimize the path of legal protection.