While improving the quality of services,the application of face recognition technology also leads to the risk of technical abuse.For cost-saving and other considerations,some managers of public places and business premises adopt face recognition technology without informing or obtaining consent,which adversely affects the rights and interests of indi-viduals.However,at the legislative level,it is undesirable to either completely prohibit or completely allow the application of the technology,and it has become a practical challenge to balance the interests of multiple parties,including individu-als,industries,and the public.The comparison and weighing of public and individual interests at the level of legal value hierarchy is not sufficient to indicate the boundary of legality for the application of face recognition technology in practice,and the use of face recognition technology in public places for the purpose of public security cannot be confirmed as a matter of course.In order to make up for the drawbacks of the past binary interest weighing,it is more appropriate to analyses the impact of the application of face recognition technology on individual interests,industrial interests,user interests and public interests based on the holistic interest structure.Especially in the context of the Safety Management Regulations on the Ap-plication of Face Recognition Technology(for Trial Implementation)(Draft for Public Comments),the legality of the ap-plication of face recognition technology can be determined by comparing the results of the weighing of interests with the in-terests of the system as the purpose of the legislation,so as to provide a clearer judgement criterion for judicial practice.
facial recognitionsecurity and trustworthinessprinciple of proportionalitybalancing of interestspub-lic place
万方数据
维普
