The Personal Information Protection Law is the basic law in the field of personal information protection,while personal biometric information is a special existence in the types of personal information protection.Personal biometric information mainly includes three core elements,one is based on information about the biological or behavioral characteris-tics of natural persons,the second is the identity information as the general contrast,and the third is the algorithm matching as the key process.Accordingly,there are differences between personal biometric information and general personal informa-tion in terms of rights attributes,processing rules,commercial utilization restrictions and other protection aspects.In the protection of personal biometric information,the balance between individual freedom value and public management value should be emphasized,which involves the construction of specific legal systems for many legal value orientations,such as static and dynamic,personal interests and public interests,private law protection and public law protection.In order to a-chieve the balance between individual rights and public interests in the protection of personal biometric information,the principles of legality,security and proportion should be used as the law enforcement principles in the process of handling personal biometric information by administrative subjects.Among them,the principle of legitimacy is the basic principle,which is the legitimate basis for public management to intervene in private life.The security principle is the guarantee prin-ciple,which is the directional path to resist the social risks of data activities and ensure the personal information security.The principle of proportion is the central principle that justifies the defense of the individual against excessive intrusion by the executive.
personal privacypersonal biometric informationlegal valueproportion principle
万方数据
维普
