Author Information

Li Xuejun, Professor, Law School, Renmin University of China; Distinguished Researcher, Criminal Law Science Research Center, Renmin University of China

Abstract

In history, personal identification, once only implemented by the ordeal or wager of battle, has been evolving into digital personal identification, including facial recognition, etc., through iterations of technology. Digital personal identification bears the 'facet of assistance', which improves the efficiency and ability of identification. However, under the contextual effect, its 'facet of power' looms, threatening citizens' privacy and personal information. Up till now, the regulation on digital personal identification remains in the situation of 'incomplete authorization and insufficient power restriction'. Therefore, the legal regulation on digital personal identification shall shift its focus on the biometric data, and utilize 'the theory of strengthening two sides' and 'the methodology of synergy between law and technology'; moreover, systematic suggestions of the regulation on digital personal identification are proposed concerning the data processing stages (i.e., data collection, usage, storage, and deletion) and the applicable scenarios.

Keywords: Digital Personal Identification; Facial Recognition; Personal Information Protection; Right of Privacy; Algorithmic Power