Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition ›› 2020, Vol. 33 ›› Issue (5): 21-29.DOI: 10.13766/j.bhsk.1008-2204.2020.0402

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Ownership and Protection of Face Recognition Information from the Perspective of Civil Code

ZHAO Jingwu   

  1. School of Law, Beijing University of Aeronautics and Astronautics, Beijing 100083, China
  • Received:2020-08-18 Published:2020-10-10

Abstract: The innovation and practice of deep learning algorithm provide decision-makers with visual prediction of risk avoidance and efficiency optimization. The Civil Code for the first time responded to the social concern of "personal information" protection issues, completed the transition from "rational person" to "information person", but failed to respond to the special protection needs of face recognition information which immutable and personality rights and interests attributes. In the face of the continuous deepening of the application practice of face brushing payment and face search and the new problems raised by the first case of Hangzhou face recognition, on the one hand, the judges need to reinterpret the application mode of informed consent and other specific rules under the existing style of the Civil Code; on the other hand, under the guidance of "response law", legislators need to adjust the application of specific rules such as "informed consent" in the existing Civil Code. The special protection rules of biometric information are established at the department level.

Key words: face recognition information, face recognition technology, informed consent, information cybernetics, damage compensation

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