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학술논문국제거래와 법2022.10 발행

Legal Protection Dilemma and Countermeasures of Chinese consumers' Personal Biometric Information

Legal Protection Dilemma and Countermeasures of Chinese consumers' Personal Biometric Information

殷妮(동아대학교); LING YE(凌晔)(Tongling University)

39호, 105~134쪽

초록

Currently, the promotion of e-commerce and e-government has led to the emergence of a wide range of applications for personal biometric data. Therefore, the system must make timely adjustments for using personal biometric information. The current legislation only provides a basic framework for using personal information. Scholars and practitioners still need to investigate whether this framework can meet the needs of society and how to fill in the specific content under this framework. It should be noted that personal biometric information is unique and highly sensitive due to its close association with consumers' personal biological characteristics, and thus there is a high risk of misuse. The legal protection of consumer biometric information is not perfect, and there is a dilemma of insufficient protection in terms of substantive, procedure, and supervision framework. It is imperative that legislators continuously improve and perfect the law regarding personal biometric information to meet society's needs in terms of information security and the protection of individual rights. It includes three aspects: improving the substantive rules of the personal biometric data, improving the remedy ways of personal biometric information, and strengthening the supervision system of personal biometric information.

Abstract

Currently, the promotion of e-commerce and e-government has led to the emergence of a wide range of applications for personal biometric data. Therefore, the system must make timely adjustments for using personal biometric information. The current legislation only provides a basic framework for using personal information. Scholars and practitioners still need to investigate whether this framework can meet the needs of society and how to fill in the specific content under this framework. It should be noted that personal biometric information is unique and highly sensitive due to its close association with consumers' personal biological characteristics, and thus there is a high risk of misuse. The legal protection of consumer biometric information is not perfect, and there is a dilemma of insufficient protection in terms of substantive, procedure, and supervision framework. It is imperative that legislators continuously improve and perfect the law regarding personal biometric information to meet society's needs in terms of information security and the protection of individual rights. It includes three aspects: improving the substantive rules of the personal biometric data, improving the remedy ways of personal biometric information, and strengthening the supervision system of personal biometric information.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.31839/ibt.2022.10.39.105
분류:
국제거래법

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Legal Protection Dilemma and Countermeasures of Chinese consumers' Personal Biometric Information | 국제거래와 법 2022 | AskLaw | 애스크로 AI