Study on the Civil Law Protection of Personal Biometric Information -- Focusing on the Con-struction of Rights and Remedy Mechanisms

Abstract

In the context of the fusion of information technology and biotechnology, per-sonal biometric information is widely used but the risk of leakage and abuse is promi-nent. This study focuses on its civil law protection, with the construction of rights and relief mechanisms as the core. Personal biometric information has the attributes of basic human rights, personality rights, privacy rights, and property rights. In the current civil law system, privacy rights, general personality rights, and personal information rights and interests have problems such as limited scope of protection, ambiguous boundaries of rights, and insufficient positive power. As for the relief mechanism, the existing civil tort litigation and negotia-tion and mediation have such defects as unclear attribution principle, narrow scope of compensation, unreasonable burden of proof, and cumbersome proce-dures. The study proposes clarifying the presumption of fault, broadening the scope of damages, optimising the distribution of evidence, and simplifying liti-gation procedures to improve the protection system. It also emphasises the need to pay dynamic attention to new issues of technological development, balance the relationship between the protection of citizens' rights and interests and technological innovation, and provide systematic civil law protection for per-sonal biometric information.