News 1+1丨Face recognition can no longer be "sick" development!
The degree of "face recognition technology abused" exposed at the March 15th party this year was jaw-dropping.
In the future, as technology develops faster and faster, how can we better protect our rights?
"News 1+1" today (17th) connected with Guo Bing, a distinguished associate professor of the School of Law and Politics, Zhejiang Sci-Tech University, to interpret relevant content.
If facial information is collected without knowing it, can individuals or groups file a lawsuit under the existing laws?
Guo Bing, Distinguished Associate Professor, School of Law and Politics, Zhejiang Sci-Tech University:
①Individual litigation: If the person whose face information is collected is indeed infringed on his rights and interests, it is not a problem to file a lawsuit.
But the main problem now is how to prove that they (the person whose face information is collected) are the victims or the infringers.
Because
consumers may not even leave evidence of whether they have been to the store, there will be a lot of trouble in the proof of rights protection.
②The way of class action: even if the victimized group is relatively large, due to the relevant provisions of my country's procedural law, it is the method of filing a lawsuit against individuals to solve the problem.
Group litigation can only resolve disputes through representative litigation, but the premise of representative litigation is still to bring a lawsuit in the name of an individual.
Therefore, class actions or individual litigation will have similar problems of difficulty in producing evidence.
There are already two laws and one regulation. Why is the abuse of face recognition still frequent?
Guo Bing, Distinguished Associate Professor, School of Law and Politics, Zhejiang Sci-Tech University:
① The
proceeds of litigation are small
, and the people are not motivated to defend their rights
.
Judging from the provisions of the Civil Code, the relevant rules for the protection of personal information are relatively complete, but few people will file a lawsuit because their personal information rights have been infringed,
because the benefits that can be obtained from the lawsuit are very limited, or even difficult. gain profit.
②The
cost of illegality is low and the punishment is insufficient.
In the case of insufficient motivation of ordinary people to defend their rights, businesses are more likely to choose infringement.
The reason for the low cost of illegality is that there is considerable uncertainty in the possibility of it being punished by law enforcement agencies.
The "Cyber Security Law" clearly stipulates the legal responsibility for the illegal handling of personal information.
However, in the
current practice, the penalties for many personal information violations are often relatively flexible, such as ordering corrections and interviews, and there are often no real substantive fines, which leads to the fact that the cost of law enforcement is not large.
New revelation: Initiating public interest litigation for infringement of personal information security, Shanghai inspection agency is trying
Guo Bing, Distinguished Associate Professor of the School of Law and Politics, Zhejiang Sci-Tech University:
Public interest litigation is initiated by relevant public interest litigation organizations. Compared with individual litigation, there are some advantages in providing evidence.
At present, various places are procuring public interest litigation. In fact, many places are exploring and expanding the scope of public interest litigation. The Supreme People's Procuratorate is also very supportive in this aspect.
Therefore, whether to initiate public interest litigation procedures in the field of personal information protection
(under existing laws) there is still a lot of room locally.