Legal Regulation of Face Recognition in Investigation:EU Experience and the China's Approach
The application of facial recognition technology has enhanced the crime control capabilities of investigative activities,but it has also created risks of intervening in basic rights.The current regulations in our country have separated procedural regulations from data regulations,and have not formed effective governance for facial recognition.The EU has implemented a two-step review structure to regulate facial recognition procedures.Accordingly,the EU has employed specialized data protection,data rights protection,and data regulatory measures to achieve data regulation for facial recognition.China should learn from the experience of the European Union.In terms of procedural regulation,distinguish between arbitrary investigation behaviors such as collection,verification,and recognition in facial recognition,as well as mandatory investigation behaviors such as analysis and tracking.In terms of data regulation,follow the rules for protecting sensitive personal information,introduce personal information rights,and construct a robust data supervision system.
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