Legislative Conception for the Special Protection of Biometric Information: A Study Based on Extraterritorial Experience

Abstract

In present society, where digital technology is widely used, biometric information is extensively applied to public security, social governance, finance and etc. Considering that biometric information, one of the most identifiable identifiers, has the characteristics of irreplaceability, immutability, and uniqueness, special legislative protection of biometric information is required. This paper uses case study, comparative research and regulatory research methods. It selects the definition, collection rules and processing rules of biometric information, which are mainly analysed in the United States, as studying points. Compared with Illinois Biometric Information Privacy Act, provisions of China Personal Information Protection Law on the processing rules of biometric information are more detailed and specific, but lack of a clear definition of biometric information and a clear exposition for informed consent, partial exemptions, and the principles of legality, legitimacy and necessity. There is still room for improvement in the refinement of the system and the practical implementation.