| dc.description.abstract | With the continuous development of facial biometric recognition technology around the world, Taiwan has deployed Automated Immigration Clearance System (i.e., e-Gate) since 2011, using facial biometric recognition technology to provide passengers with fast immigration clearance service. The accuracy of border facial recognition system and its contactless features allow passengers to use the system as the best choice for immigration clearance after COVID-19 epidemic. With a growing number of passenger flow, biometric immigration clearance technology not only maintains border security, but also offers convenience and efficiency; however, facial recognition technology causes concerns about infringing on privacy. In order to support public interest, the state would introduce legislation to limit privacy, with a view to balancing privacy protection and national or public interest. Based on constitutional right to privacy, necessary protection norms are developed to solve the dilemma concerning privacy protection and use of biometric technology.
This thesis explores the concept of privacy protection, starting with the development of privacy right, proceeding to Taiwan constitutional court interpretations and leading cases, along with discussions on theoretical and practical development of information privacy rights in the United States and the right to information self-determination in Germany. When the state needs to restrict people’s information privacy right for public interest, the scope of restriction must be clearly defined by law so that people can fully know about and understand the regulations. The restrictions are imposed only to the minimum extent, within necessary scopes, and should be made on the basis of laws. With a focus on the analysis of regulations and mechanisms of facial recognition system used by National Immigration Agency, and on the discussion of privacy protection and information self-determination, the thesis aims to explore the development of facial recognition as an application of artificial intelligence and privacy issues arising from this rapid development.
This thesis finds that although border facial recognition system has been used internationally, its infringements on personal information privacy cannot be ignored. Our country adopts Immigration Act and related sub-laws as the basis for the use of border facial recognition system, and has established a large-scale facial and fingerprint biometric databases, while there is still much room for improvement regarding privacy protection. Operation Directions for Application and Use of Automated Immigration Clearance System is only directions. It does not comply with the principle of legal reservation, and violates constitutional protection of information privacy. Immigration laws and regulations should be amended to establish clear and transparent procedures so that this system will not be abused. This thesis concludes that appropriate security measures should be taken to ensure people’s information privacy right and information self-determination. | en_US |