关键词: 人脸识别技术, 生物识别信息, 应用风险, 专门立法模式, 法律规制路径

Abstract: Facial recognition technology is a biometric identification technology for identifying based on human facial information. Facial recognition technology has the characteristics of direct recognition, remote recognition, and uniqueness of recognition, which may lead to the application risk during the recognition process, such as the lack of stability of accurate recognition, the structural bias of data and algorithm in the process of identifying as well as the privacy concern in the 1: N identify situation. Throughout the world, there has been a special legislative path and comprehensive legislative path of facial recognition. This paper primarily focuses on the analysis of the special legislative path, and summarizes that there has been a civil legal regulation path for private sector, which is strengthening the external duty and responsibility of the processor, as well as balancing the personal data right and legitimate interests of the private sector; an administrative legal regulation path for government agencies, which dominated by the prohibitive acts with the administrative prohibition rules first; a criminal legal regulation path for illegal group, which fight against recognition for criminal identification and re-identification.

Key words: facial recognition technology, biometric information, application risk, special legislative mode, legal regulation path