The Constitutionality of the Automated Immigration Clearance System

• Main Authors: LI, MING-SYUE, 李明學
• Other Authors: CHANG, SHAO-BIN
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/50223246839272596964

碩士 === 東吳大學 === 法律學系 === 102 === The Automated Immigration Clearance System（e-Gate） works to take two biometric technologies, namely facial recognition and fingerprint recognition. Before people apply for using the Automated Immigration Clearance System, must first save their face and fingerprint in the database. These individual biometric link in personal private data and can use to go through the Automated Immigration Clearance System. These biometric can identify personal identity and are related to the right of Information Privacy. Therefore, this paper first discusses the section of the technology and explains the operation process of the Automated Immigration Clearance System and explains facial recognition and fingerprint recognition in detail. Then, this paper discusses the theory and practice of the right of Privacy and Information Privacy. Finally, this paper is based on the J. Y. Interpretation No. 603 and explains the principle of legal reservation, the principle of clarity and definiteness of law, the principle of purpose restriction, the principle of proportionality, as well as the principle of human dignity. At the section of conclusion, this paper clearly explains the unconstitutionality of the Automated Immigration Clearance System, which violates the J. Y. Interpretation No. 603. At the section of suggestion, this paper proposes the solution ways of the unconstitutionality of the Automated Immigration Clearance System.