Abstract:
In daily business activities, personal biometric information is a comprehensive right with both personality and property, which should be protected as an emerging right. It has the characteristics of personal uniqueness, high sensitivity, severity of damage consequences, concealment of infringement and so on, indicating that personal biometric information needs inclined protection. When collecting and using personal biometric information, operators shall adhere to the principle of necessary purpose and minimum collection, necessary means and minimum collection, necessary time and minimum maintenance, necessary safety and minimum damage. In view of the scale and universality of the impact of personal biometric information infringement disputes, in the judicial trial of infringement disputes, it is appropriate to apply the principle of fault presumption to operators, and not to require substantive damage or serious mental damage for damage identification, as well as advocating the protection of procuratorial public interest litigation. To judge whether there is public interest, we should consider four factors: the large number of people involved, the non-specific composition of personnel, the universality of interests and the needs of people’s basic survival and development. In the economic development of the new era represented by big data technology, there is a substantial imbalance of power between operators and consumers, and there is a substantial unfairness between transactions. There is a serious information asymmetry in business methods, technologies and commodities, which affects the effective operation of market equity and economic order. It is necessary to “limit rights and responsibilities” for operators and “increase rights and benefits” for consumers.
