Infringement Risk and Legal Regulation of AI Face Recognition in the Context of Smart Airport

Based on “contextual integrity”, contextualizing the application of AI face recognition technology in smart airports is an important way to standardize the process of applying face recognition technology in airports. The legal nature of AI face recognition information should be classified as personal information right for protection. At present, there exist legal risks in the application of smart airports, such as infringement of privacy due to information leakage, infringement of the right to know caused by unlawful information collection, and infringement of the right to make independent choices due to information asymmetry. In response to the imperfect rules of AI face recognition technology infringement determination in smart airports, inadequate regulatory mechanisms, and weak industry self-discipline, it should improve the rules of AI face recognition technology infringement responsibility determination by reconstructing the rules of informed consent, clarifying the responsible party and inversion of the burden of proof, and recognizing risky damage, etc. Meanwhile, the civil aviation industry should establish a special supervision department and strengthen industry self-discipline.