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

摘要： 人脸识别技术是基于人的面部特征信息进行身份识别的一种生物识别技术．人脸识别技术具备远程识别性、识别唯一性和关联验证性，导致在系统识别过程中，恐产生应用风险，例如精准识别的稳定性不足，数据算法偏见的结构性锁定，人脸数据收集与流转的知情同意风险，以及在1：N动态场景下不合比例地侵犯隐私权．鉴于域外人脸识别存在综合立法模式与专门立法模式，遂重点考察了专门立法模式，并总结提炼了其内涵的三大法律规制路径，即强化处理者外部义责，平衡个体赋权与合理利益的治理私营部门的民事法律规制路径；禁止性规范为主，行政禁令先行的规范政府机构的行政法律规制路径：重拳身份识别犯罪，打击二次标识行为的旨在打击非法群体的刑事法律规制路径．

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