The so-called sensitive information refers to all information that will harm the national interests or the implementation of the federal government plan or the personal privacy right enjoyed by individuals according to law if it is improperly used, touched or modified by unauthorized persons.
Take the public interest as the limiting standard to prevent face recognition from being abused.
Face information is personal core privacy and sensitive information. Face information not only involves personal portraits, but also includes information such as body, health, age and race, and may even include personal psychological information. Moreover, face information widely involves other personal privacy information. For example, some bank accounts are bound and associated with face information. Therefore, once the face information is leaked or illegally enjoyed or transferred by criminals, it will have serious consequences. Therefore, we should really pay close attention to the abuse of face recognition.
Face information is sensitive and can only be collected with the "explicit consent" of the obligee. If the obligee does not expressly agree, it must be levied based on the needs of public interest.
Now face recognition is abused because some uses have obviously exceeded the public interest. Although the interpretation of public interest may be broader, it still has specific connotations, such as protecting public interest and personal life and property safety, which belong to the category of public interest; For commercial or profit purposes, it does not belong to the scope of public interest. The first case of face recognition, the zoo belongs to a commercial organization, and it is hard to say that its collection is for the public interest.
Therefore, expropriation without the "express consent" of the obligee should meet the needs of public interests. This may be the most important rule to prevent face recognition technology from being abused. Not all institutions can collect face recognition information.
The abuse of face information belongs to personal sensitive information and requires the explicit consent of users.
To protect face information, we must first consciously abide by and implement the application of civil law to face information protection. Article 1035 of the Civil Code clearly stipulates that information collection should adhere to the principles of legality, justness, necessity and minimization, and collect as little as possible. Naturally, it also involves the standardization of face information protection.
At the same time, Article 1038 of the Civil Code clearly stipulates that such information shall not be transferred or enjoyed without authorization; To enjoy * * *, you need to get the consent of the obligee again, unless it is anonymous. But even so, the relevant parties still have to shoulder the responsibility of safety maintenance.