Guangzhou Daily News (Liu Mengwei, All-Media Reporter Charter Correspondent) After the loss of Ms. Wang’s ID card, she was fraudulently used and “swiped her face” to open a bank card. The bank sue Ms. Wang for defaulting on the ten thousand yuan loan. Go to the court to demand the repayment of the arrears and interest.
Recently, after the case was heard by the Guangzhou Internet Court, the bank’s appeal was rejected and Ms. Wang was not responsible.
Defendant: After the ID card was lost, he was fraudulently used to "swipe his face" to open a card loan
"Ms. Wang" verified her identity by "swiping her face", applied for a debit card account at a bank's STM self-service teller machine, and applied for a loan of more than 10,000 yuan from the bank.
Unexpectedly, after the bank issued the loan, "Ms. Wang" was overdue on the first repayment date.
The bank sued Ms. Wang to the court. Ms. Wang was deeply inexplicable about this. She argued that her ID card had been lost and that the act of "brushing her face" was not done by herself.
According to the bank's lawsuit, on November 25, 2019, Ms. Wang applied for the establishment of a debit card account at an offline bank branch.
In accordance with the bank's requirements, Ms. Wang filled out an account signing application form on the spot, and then at the STM self-service teller machine in the bank's business hall, after verifying her identity by face recognition, she self-serviced the debit card account business and activated the mobile banking function.
On December 18 of the same year, Ms. Wang signed a loan contract with the bank online through the mobile banking APP and applied for a loan of 11,300 yuan.
The bank issued a loan to Ms. Wang as agreed, but Ms. Wang has not been able to repay the loan as agreed.
Many urges were unsuccessful. For this reason, the bank sued Ms. Wang to the court, requesting that Ms. Wang be ordered to pay off the principal and interest of the loan in a lump sum.
Ms. Wang argued that her ID card had been stolen and lost on October 18, 2019, that is, before the card was opened and borrowed. At that time, she had filed a report with the public security organ and went through the loss report procedure.
She herself did not go to the bank to apply for a debit card in the case, nor did she sign any loan contract with the bank, and the mobile phone number reserved in the loan contract was not the number she used.
Ms. Wang argued to the court that the above-mentioned loan was generated when her facial information and identity information were fraudulently used, and she should not be responsible for the repayment.
During the litigation process, Ms. Wang applied to the court for handwriting verification of the customer’s signature on the original account opening application form submitted by the bank, and at the same time applied for the court to investigate the case involving the debit card opening and loan contract signing of the mobile phone number reserved for the user Information.
After handwriting verification, the forensic expert opinion believes that the signature of the client involved in the case was not signed by Ms. Wang herself.
After investigating with the communications company, the mobile phone number has not been registered under Ms. Wang's name.
Is the debit card issuer Ms. Wang herself?
The Guangzhou Internet Court found that the bank failed to provide evidence to prove that Ms. Wang herself "swiped her face" to apply for a debit card and applied for a loan. For this reason, the judgment rejected all the bank's claims.
At present, the judgment has become legally effective.
Court: Banks shall bear the legal consequences caused by lax loan review
The court concluded that, although from a formal point of view, at different stages of the loan process, the bank has adopted different methods such as face recognition and mobile phone verification codes to verify the identity of customers, which meets the requirements of my principle.
However, because Ms. Wang’s ID card was lost two months before the loan, the mobile phone number reserved for the debit card opening and loan contract signing was not Ms. Wang’s mobile number.
Therefore, the ID card and mobile phone number used for the loan in the case are not actually controlled by Ms. Wang, and there is a possibility that the personal information data may be fraudulently used by others.
In addition, the bank failed to provide the court with a complete image source of the face recognition comparison conducted by Ms. Wang when she first handled business with the bank.
On the contrary, according to the loan regulations, the card issuer must fill out the bank card account opening application form on the spot. The current judicial expert opinion proves that it was not Ms. Wang who filled out the application form. It further proved that it was not Ms. Wang who applied for the bank card, but that someone else fraudulently used his personal information.
Since the offline application for a bank debit card account is a prerequisite for completing an online loan application, it cannot be determined that it is Ms. Wang applying for a loan online and signing a loan contract.
In summary, within a reasonable period of time when Ms. Wang’s identity card was stolen and lost, the bank debit card opening and borrowing procedures were not completed by Ms. Wang herself. The bank’s request for repayment has no basis and should be borne by the bank. Legal consequences caused by lax loan review.
The Guangzhou Internet Court then ruled to dismiss all the bank's claims.
Judge's statement
Cross-check to avoid over-reliance on face recognition
The presiding judge Gan Shangzhao pointed out that the "face-sweeping" in this case reflects the shortcomings of the "formal review" of traditional lending institutions when lending money, and the review was passed with "the photo of the ID card looks similar to me".
However, the decision in this case to reject a bank’s litigation request does not deny the safety and reliability of face recognition technology.
With the development of science and technology, the vast number of financial institutions represented by banks should comprehensively use facial recognition technology, mobile phone verification codes, fingerprints and other information identification systems in each core business link to cross-check the true identity of the transaction party, and pass the human Comparing certificates to prevent personal information data from being fraudulently used by others, to effectively protect the security of Internet financial transactions, and to provide financial consumers with a safe and reliable transaction environment.
In addition, face recognition information is highly sensitive personal biometric information. The customer images collected and stored in the process of verifying customer identities through face recognition technology by financial institutions shall comply with national regulations on the protection of personal information and comply with the protection of personal information. The purpose and development direction of the legislation.