In the era of big data,with the popularization of the application of face information,the voice of building a protection path for it continues to grow,and it is a feasible method to clarify the rights of relevant subjects and their boundaries. The information subject has the right to personal information with respect to face information. When he agrees with the data provider to collect face information,the right to personal information is weakened accordingly,and the right to information protection is formed,which aims to protect the personal dignity of the individual. The information subject and the data provider are linked through the face information service terms,and the data provider has the data right to the “face data pool” that is legally collected,processed,and integrated based on the terms. This right is restricted by the right of personal information and is a special property right. This theory of rights has established the system status of the principle of “informed consent”,but this principle needs to be deepened:by analogy,the regulatory method of “standard clauses” is applied to ensure the information subject’s right to know when the clauses are concluded;risks are assessed by “scenario type”,Scope of Consent after Amendment becomes effective. Based on the staggered relationship of rights,the defensive rights derived from personality rights and property rights provide a preventive path for face information,and compensation for breach of contract and infringement damages provide ex post relief for face information subjects who have suffered losses.
Keywords: | Data RightPersonal Information RightFace Information Service TermsInformed Consent PrincipleDual Relief Paths |