Facial Recognition Technology Application in Informed Consent Mechanism's Legislation A Brief Discussion on the Construction and Protection of "User Control Rights" Digital Order from the Perspective of Law
Abstract
In today's digital era, Facial Recognition Technology has permeated various fields of social life and public safety with its high
efficiency and convenience. The principle of informed consent, an important principle of Personal Information Protection, is facing severe
challenges in the application scenarios of facial recognition technology: users are often forced to hand over Biometric Data in situations
of "Forced Authorization" or "Information Asymmetry", leading to frequent problems such as Privacy Breach and Data Misuse. Based on
this, this article uses case analysis and comparative analysis to explore how the law constructs and protects the Digital Order with "User
Control Rights" as its core.
efficiency and convenience. The principle of informed consent, an important principle of Personal Information Protection, is facing severe
challenges in the application scenarios of facial recognition technology: users are often forced to hand over Biometric Data in situations
of "Forced Authorization" or "Information Asymmetry", leading to frequent problems such as Privacy Breach and Data Misuse. Based on
this, this article uses case analysis and comparative analysis to explore how the law constructs and protects the Digital Order with "User
Control Rights" as its core.
Keywords
Personal Information Protection; Digital Order construction; Principle of informed Consents; User Control Rights
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PDFReferences
[1] China Judgments Online: Hangzhou Facial Recognition Case (2021) Zhe01 Min Zhong No. 229.
[2] Supreme People's Court, "The First Case of Facial Recognition": Biometric Information Shall Be Handled More Cautiously and Strictly
Protected".
[3] Zhang Gu, "Finding the Archimedes Fulcrum in the 'First Case of Facial Recognition'".
[4] 2023 Facial Recognition Technology the Management Regulations on Application Security.
[5] 2024 Implementing Regulations of the Consumer Rights Protection Law.
DOI: http://dx.doi.org/10.70711/frim.v3i12.7875
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