안면인식 기술의 규제에 관한 중국법제 소고(小考)

Abstract

Facial Recognition Technology(FRT) is a high-tech that has gradually emerged under the trend of modern artificial intelligence. At present, FRT is becoming increasingly mature and playing an increasingly important role in many fields. As the application of FRT intensifies, abuse of this technology also poses risks to information security and civil rights. The misuse, abuse, and limitations of facial recognition technology are not obvious, and the legal issues and shortcomings of FRT are due to legal regulations lagging behind the development of social science and technology. From 2017 to 2024, through 66 criminal cases related to personal information infringement crimes, the sensitivity of the collected personal information was examined. In addition, over recent years, FRT has increasingly become integral to the detection of criminal cases, achieving significant milestones in suspect identification, tracking of criminal suspects, crime prevention and control, evidence collection, and more. From the vantage point of enhancing investigative efficiency and accuracy, the proactive use of FRT in criminal investigations is advocated. However, given the technology's propensity for easy personal identity information collection, widespread dissemination, high transmission likelihood, and continuous 24-hour surveillance, there exists the potential for personal information infringement and rights abuse during actual investigative endeavors. In the face of these risks and challenges, it is necessary to reasonably regulate the application of facial recognition technology in the field of criminal justice, explore laws and regulations and improvement measures, and promote relevant technologies. In the modern intelligent information society environment, personal facial information has three implications: a person's image, identification, and the person's characteristics. In addition, facial recognition not only allows for the recognition of a person's identity, but can also be converted into identification analysis through algorithmic analysis of a specific subject after the identity is recognized. Furthermore, there is a high possibility that various problems such as invasion of personal privacy, legality, data privacy, bias or discrimination, and system security may occur. In this paper, we examine the usefulness of facial recognition technology in investigations in criminal procedures and the matters to be noted in relation to the Personal Information Protection Act, thereby suggesting improvement measures for the collection and acquisition of information evidence such as facial recognition information