New technologies are widely used in daily life scenarios and personal information has been leaked, causing public concern

What is the boundary of face recognition application

　　● Biometric technology refers to the technology that uses the inherent physiological characteristics of the human body to perform personal identification through a computer.

Currently, the most commonly used biometric technology in life is fingerprint recognition and face recognition

　　● Face information belongs to sensitive personal information in personal information. Once it is leaked or used illegally, it may cause discrimination against the subject of the face or serious threats or harm to personal and property safety

　　● In the “strong authentication” scenario (such as public security, financial payment) that has been clearly required by laws and regulations, it is necessary and reasonable to use face recognition to complete accurate identity comparison and verification, but it must also be Face data should be kept properly and must not be leaked or abused.

For some scenes that are not clearly stipulated by law, it is not advisable to use face recognition as the only verification method

　　□ reporter Zhao Li

　　□ Intern Xing Yiming

　　Today, we have entered the era of "brushing face".

From scan code payment, fingerprint payment to face recognition, the mature development of digital technology has continuously simplified people's lives, and people are accustomed to the wide application of new technologies in social and daily life scenarios.

　　However, with the widespread use of face recognition technology, personal information leakage and information theft often occur.

Recently, some media reported that on some online trading platforms, you can buy thousands of face photos for only two yuan, and more than 5,000 face photos are priced at less than 10 yuan.

　　In the two cases of embezzlement of citizens’ personal information cracked by the police this year, the suspects used "AI face swap technology" to illegally obtain citizen photos for certain preprocessing, and then generate dynamic videos through "photo activation" software, successfully deceiving others Face verification mechanism to commit crimes.

Face recognition is widely used

Risk of information leakage

　　During the interview, Meng Qiang, director of the Civil Code Research Center of Beijing Institute of Technology Law School, introduced that face recognition is a type of biometric technology.

Biometrics refers to the technology that uses the inherent physiological characteristics of the human body to perform personal identification through computers.

At present, the most commonly used biometric technologies in life are fingerprint recognition and face recognition. The main use cases are mobile payment, bank financial institution software login, smart phone unlocking, school or community access control door locks, and unit attendance Waiting for life scenes.

Face recognition technology has developed rapidly at present, and the recognition accuracy is quite high. During the epidemic, it has even developed to be able to automatically recognize faces wearing masks.

Face recognition is highly convenient for the business development and user management of related units and institutions, and it has been welcomed by many institutions.

　　According to the data from the company check, there are currently more than 10,000 face recognition-related companies in my country. There were 2110 new companies in 2019, an increase of 36% year-on-year.

The number of registrations in the first three quarters of this year reached 1161, a year-on-year decrease of 17.7%, of which 387 were newly added in the third quarter.

　　The "Public Research Report on Facial Recognition Applications (2020)" (hereinafter referred to as the "Report") shows that respondents are more likely to accept facial recognition applications based on security scenarios, such as public security cameras and red light recording systems.

In addition, a reporter from the Rule of Law Daily found during the investigation that ordinary people pay more attention to the subjects who obtain personal information. Compared with some private companies and small companies, it is generally believed that the official method of information verification through facial recognition and other technologies is safe Sexually more secure.

　　Ms. Ji, who lives in Nantong, Jiangsu, travels to Beijing for work.

Along the way, from the identity verification at the high-speed rail station to the personal information verification of Beijing Healthbao, the facial recognition function must be completed.

Ms. Ji believes that face verification has saved a lot of unnecessary queuing time and improved work efficiency in various places.

　　"During the epidemic prevention and control period, personal information must be registered in many places, and it is handwritten. There are often queues to fill in the forms, which is very troublesome and time-consuming. I think the design of this health treasure is very scientific and reasonable. Who is, what identity, what he looks like, where he has been, all the information is checked in place at one time.” Regarding the current information leakage problem caused by face recognition, Ms. Ji believes that there is no need to worry too much because of individual cases. Stop eating because of choking.

　　In Ms. Ji’s view: “Information theft is actually a very rare phenomenon. Individuals must have a sense of security. For example, high-speed railway stations and the responsible units behind the'Healthcare' are all relevant state departments, so the problem of information leakage is There is absolutely no need to worry about it. But some personally created apps require face verification. You may need to weigh whether this is necessary and consider whether it will bring information leakage risks."

　　Wang Hao, a graduate student currently studying in law, said that he experienced a face recognition report registration when he enrolled in graduate school.

"I personally think it is very convenient to use face recognition technology to collect data and information of classmates at school. Whether it is access to the school or statistical information, it greatly saves our time. And the school will definitely protect personal information from leakage. On the one hand, you can rest assured."

　　However, Wang Hao also pointed out that some colleges and universities use face recognition to collect students' head-up rate and class concentration, which may infringe on students' rights.

"First of all, if you want to conduct this kind of testing, you need to inform the students in advance, because everyone has the right to decide whether to be recorded. This is also a basic right of students. Second, college students are all adults and can be responsible for their actions and whether they are in class. In fact, the school does not need to supervise the focus on this kind of thing. Third, using the standard of head-up rate to test whether students are focused, the results obtained may not be reliable." Wang Hao said.

　　For the application of face recognition technology, student Liu from a normal university is very worried.

Student Liu believes that according to previous concepts, the importance of personal ID photos and ID cards to individuals is unquestionable, but now businesses can obtain personal ID information at will, which is really chilling.

　　"I had a classmate who lost his ID card and was taken to an online loan by someone with ulterior motives. In addition to having an ID card, this kind of loan originally needed to be processed through facial recognition, but it was passed, so I was inexplicably 'Online loan. Later, I reported the case, but the other party was too cunning and was never caught." Liu said.

Urgent need to improve legal norms

Effectively prevent technology abuse

　　In recent years, face recognition technology has shown a trend of accelerating its implementation.

However, controversies over the use of face recognition technology continue to emerge.

For example, in September 2020, Tsinghua University Law School professor Lao Dongyan refused to use face recognition as an access control method in the community. This matter was reported by the media and aroused heated discussion.

Since the beginning of this year, some residential communities in Guangxi, Shaanxi, Zhejiang and other places have also experienced controversial incidents caused by face recognition access control.

　　In June 2020, my country's "First Face Recognition Case" opened in court.

In this case, an associate professor at a university in Zhejiang bought the Wildlife World Annual Card from the zoo in April 2019, which can enter the park by verifying the annual card and fingerprints. In October of the same year, he was told that users who did not register for face recognition would Unable to enter the park normally." So the associate professor sued the zoo to the court.

　　Compared with the leakage of personal information such as ID card numbers and mobile phone numbers, there are not many face data leakage incidents that have been exposed to the public's view.

However, the "Report" shows that 64.39% of the respondents believe that face recognition technology has a tendency to abuse, and more than 30% of the respondents said that they have suffered losses or privacy violations due to the leakage and abuse of facial information.

　　During the interview, Wang Sixin, deputy dean of the Institute of Community Destiny for Humanity at Communication University of China, stated that abuse mainly refers to making a fuss, or that there is no need for face recognition at all, but it is necessary to enter the next procedure.

　　Zheng Ning, director of the Law Department of the School of Cultural Industry Management of Communication University of China, believes that face information, as the most sensitive type of personal biometric information among personal information, should be the focus of attention and protection.

It is worth noting that the draft personal information protection law has included personal biometrics as sensitive personal information. The processing of sensitive personal information should obtain the individual's individual consent, and the personal information processor should inform the necessity of processing and the impact on the individual.

The draft also intends to stipulate that the installation of image collection and personal identification equipment in public places should be necessary for the maintenance of public safety and can only be used for the purpose of maintaining public safety.

　　“The abuse of face recognition is certain in practice. Whether it needs to stop suddenly depends on the game between the user of face recognition and the user. It is generally not easy for public institutions to intervene in decision-making on such issues.” Wang Sixin believes, "Because face recognition requires costs, abuse involves the user's cost burden, which will limit the extent to which face recognition is abused. If it is just abuse, there will be no other illegal claims after the abuse, or there is no gain from face recognition. Data for other profit-making or criminal activities generally do not need to actively intervene as a regulatory agency, and there is no need to worry about whether it needs to'slam the brake'."

　　During the interview, a reporter from the Rule of Law Daily also noticed that the current protection of personal information by law is mainly based on personal consent.

However, many interviewees said that when expressing their consent, many people did not receive sufficient and effective information at all, did not know the significant risks involved, or had to agree because they had no other options.

　　"If it is not a statutory mandatory face recognition scenario, other alternative verification mechanisms should be provided to give the public the right to choose." Zheng Ning said.

　　Liu Deliang, a professor at the Law School of Beijing Normal University, believes that personal information has at least three attributes. For individuals, it is a self-representation identity in society; for the public, personal information is also a symbolic form for the public to identify individuals; For the country, personal information is an important means of national governance.

　　"Face recognition mainly needs to prevent its abuse, not by stipulating what information is available and what information is not available. The abuse of personal information must be scientifically defined, and the types of abuse must be clearly defined, and then the abuse will be regulated by law." In Liu Deliang's view, people are now emphasizing protection and prevention of leakage, but failing to effectively prevent abuse. As a result, the more we emphasize protection, the more problems that arise in reality.