Using photos to make videos to fool facial recognition systems
Guangdong's first civil public interest lawsuit involving face recognition and personal information protection was pronounced
Zhong Yaya Xiao Xiaohan Peng Kuikui
At present, problems such as the abuse of face recognition technology, "big data killing", and excessive collection of personal information by applications are frequent. Citizens' personal information is repeatedly illegally traded by criminals, which seriously affects the security of personal information and property.
On July 11, the Guangdong Province Yuexiu District Procuratorate in Guangzhou City, Guangdong Province announced the first civil public interest litigation case involving face recognition citizens’ personal information protection filed with the Internet Court. The court ruled that the defendants Zheng, Ren, Dai, Chen immediately stopped infringing on citizens' personal information, paid public welfare damages, made a public apology, and made up for the damage with behavioral compensation.
Previously, Zheng and other four people had been found by the court to have committed the crime of infringing on citizens' personal information, and were sentenced to fixed-term imprisonment ranging from one year, two months to one year, and each was fined.
ID photos are made into AI video sales
Since August 2020, Zheng has released advertisements to the society through instant messaging software that can check high-definition ID card photos, ID numbers and other sensitive personal information, and formed a group specifically for illegal transactions of personal information.
After Ren, Dai, and Chen joined the group through advertisements, they purchased high-definition ID card photos that matched the personal information from Zheng according to the personal information provided by the next family, and used the avatars in the photos to create AI The (artificial intelligence) video is sold to the next home and earns the difference.
These AI videos made with high-definition ID card photos can complete actions such as nodding and blinking, and can pass the face recognition authentication of some apps.
As of the incident, Zheng and other 4 people had sold more than 2,000 pieces of citizens' personal information, causing a large number of citizens' personal information to be leaked or even used fraudulently, seriously infringing on the security of citizens' personal information, disrupting the normal social management order, and damaging social and public interests.
Criminal punishment + civil liability
Explore multiple co-governance in the field of citizens' personal information protection
"Severe violations of citizens' personal information should bear both criminal and civil tort liability." The Yuexiu District Procuratorate launched a public interest litigation investigation as soon as it reviewed and prosecuted the criminal case against Zheng and other 4 people.
"The illegal trading of citizens' personal information by Zheng and others violated the relevant provisions of the Civil Code and the Personal Information Protection Law on the protection of personal information, and should bear civil tort liability in accordance with the law." "Although Zheng and others have been sentenced, but The damage caused by their actions to the security of citizens' personal information and social and public interests has not been repaired." The undertaking prosecutor said.
On September 9, 2021, the Yuexiu District Procuratorate filed a case against Zheng and other 4 people who violated the security of citizens' personal information and harmed the public interests as a lead in a civil public interest litigation, and used the function of procuratorial public interest litigation to promote the comprehensive management of personal information infringement in the Internet field. .
sentence the defendant to act indemnity
Repair and repair damage caused
Based on the fact that Zheng and other 4 people used the Internet as a medium to commit tortious acts, which belonged to the scope of public interest litigation cases accepted by the Guangzhou Internet Court. With the approval of the Guangzhou Municipal Procuratorate, the Yuexiu District Procuratorate directly filed a civil public interest lawsuit with the Guangzhou Internet Court for the case.
On February 25 this year, the Guangzhou Internet Court heard the case publicly. Lin Weizhong, the chief prosecutor of the Yuexiu District Procuratorate, appeared in court as the lead prosecutor, and Shao Shan, the vice president of the Guangzhou Internet Court, tried the case as the presiding judge. Zheng and other four defendants and their attorneys Participate in the trial of the case through the Internet.
In addition to requiring Zheng, Ren, Dai, and Chen to stop the infringement, pay compensation for public damage, and make a public apology, the Yuexiu District Procuratorate also proposed to make up for and repair the damage caused by their behavior to the public interest by means of behavior compensation. Claims.
"Zheng and others need to compensate for their behavior by participating in warning education, public welfare publicity, and volunteer services related to personal information protection, so as to make up for and repair the damage caused by their behavior to the public interests and eliminate the adverse effects caused by illegal behavior. ' said the Undertaking Prosecutor.
During the trial, the four defendants again sincerely apologized in court, and stated that they would actively perform the judgment in the future, repair the damaged social and public interests with practical actions, and minimize the damage caused by their actions.