Increased exposure of personal information, how to protect our "face"
　　Some representatives have proposed the establishment of a personal information protection regulatory agency; the draft of the "Personal Information Protection Law" has been formed

　　After the outbreak of the new crown epidemic, technologies such as big data, artificial intelligence, and face recognition were widely used in epidemic prevention. The sudden increase in information exposure has caused many people to worry about whether their personal information can be effectively protected.

　　At this year's two sessions of the National People's Congress, some representatives also raised this issue and formed proposals, proposals, suggestions, etc. to provide policy reference for the protection of personal information.

　　Liu Xiaobing, deputy of the National People's Congress and dean of the School of Public Economics and Management at Shanghai University of Finance and Economics, believes that some measures taken for emergency epidemic prevention should be eliminated as much as possible after the epidemic has eased, and temporary measures cannot be turned into permanent measures. Li Yanhong, a member of the National Committee of the Chinese People's Political Consultative Conference and chairman of Baidu, also suggested that an exit mechanism should be established for personal information collected during the new coronary pneumonia epidemic.

　　The Legal Work Committee of the Standing Committee of the National People ’s Congress has recently revealed that the “Personal Information Protection Law” is being studied and drafted, and the current draft has been formed. The background of the drafting of the law includes the difficulties that the development of new technologies such as big data and artificial intelligence poses to personal information protection.

　　The Civil Code, which has been submitted to the Third Session of the 13th National People's Congress for deliberation, has also responded to the "AI face-changing and voice-changing" issues and made relevant regulations. Zhang Xinbao, a professor at the School of Law of Renmin University of China, a member of the drafting leading group of the Civil Code of the Chinese Law Society, and the convener of the tort liability editor, mentioned in an interview with the Beijing News that the civil code still leaves behind the future development of a series of technologies such as artificial intelligence Enough space.

　　Recommendation 1

　　Personal information should be classified and protected

　　Recently, a "Face Recognition and Public Health Survey Report" released in Beijing conducted a study on the public's acceptance of face recognition during the epidemic. The report shows that the large-scale use of face recognition and its enhanced forms in the epidemic has caused many interviewees to worry about their own information security. Of the more than 1,100 people interviewed, 60.3% of the respondents did not know which entities had their own facial data, 93.8% of the respondents believed that they had the right to know, and only 33.5% believed their facial data was safe.

　　This phenomenon is also concerned by Lian Yuming, member of the National Committee of the Chinese People's Political Consultative Conference and president of Beijing International Urban Development Research Institute. He noticed that while the prevention and control of the New Coronary Pneumonia epidemic continued to expand the public's right to know, some information leaked due to the lack of protection of information rights.

　　For example, the lack of classification and protection of personal information according to application scenarios leads to the disorderly spread of personal information. There are many subjects that master personal information, and there is still a lack of regulation and supervision over the collection, use, processing, and protection of these institutions. In addition, the lack of legal basis for the collection, use and processing of personal information cannot guarantee the effective use of personal information for legal reasons, leading to privacy disclosure issues such as "human flesh search". On the other hand, the leakage of personal information also directly affects the public's trust in public institutions and has a negative impact on epidemic prevention and control.

　　Lian Yuming reminded that the "Personal Information Protection Law" should fully consider the provisions for the classification and protection of personal information according to the application scenarios. Drawing on the EU GDPR, personal information is divided into general personal information and special types of information, the latter also known as sensitive personal information.

　　Therefore, in the emergency treatment of public health emergencies, the name, date of birth, ID number, biometric information, address, telephone, e-mail, location data, online activities and other whereabouts information should also be "upgraded" to a special type of information , From the height of personal information rights to provide legal protection. Genetic data, biological data and health data are themselves special types of information and should be specially protected.

　　Recommendation 2

　　Some emergency measures should be lifted after the epidemic is relieved

　　Liu Xiaobing, deputy of the National People's Congress and dean of the School of Public Economics and Management at Shanghai University of Finance and Economics, believes that some measures taken for emergency epidemic prevention should be eliminated as much as possible after the epidemic has been relieved, and temporary measures cannot be turned into permanent measures.

　　This view coincides with the research report. The above-mentioned research report shows that over 80% of the respondents believe that after the public health crisis is over, the face information collected in non-public spaces should be destroyed. Over 70% of the respondents hope to reduce unnecessary face recognition application scenarios.

　　Especially after returning to normal life, interviewees generally believed that the face information collected and the face recognition applications deployed for crisis response should be cut.

　　"From the perspective of government management, it may be beneficial to have more information about residents, but from a personal perspective, freedom is bound to be partially restricted, and these temporary emergency measures cannot be called normal." Liu Xiaobing said.

　　Li Yanhong, member of the National Committee of the Chinese People's Political Consultative Conference and chairman of Baidu, also suggested that an exit mechanism be established for the personal information collected during the new coronary pneumonia epidemic, strengthen the standardized management of the collected data, and study and formulate standards and standards for the collection, storage, and use of citizen personal information during special periods. specification.

　　In response to the management of personal information during the post-epidemic period, Lian Yuming suggested that the establishment of a special personal information protection regulatory agency should be initiated as soon as possible. Drawing on the practices of the Hong Kong Personal Data Privacy Commissioner ’s Office, if the relevant principles are violated, the Privacy Department has the right to issue enforcement notices, interview data users, and systematically investigate data usage. "With the promulgation and implementation of the" Network Security Law "and the" Personal Information Protection Law "and" Data Security Law "have been promulgated, the establishment of a personal information protection regulatory agency is imperative."

　　Recommendation 3

　　The collection and use of information by public institutions must be regulated by law

　　Lian Yuming suggested that the collection, use, and processing of information by administrative agencies and public institutions need to be regulated in the Personal Information Protection Law.

　　China's "Infectious Disease Prevention and Control Law" and "Public Health Emergency Response Regulations" make clear provisions for the authorization of the collection and use of personal information during emergency public health emergency response to major infectious diseases. But in reality, there are many subjects that hold personal information, including local education departments, public security departments, railway and air transportation departments, grassroots government workers, telecommunications operators, and Internet companies. Under what conditions these subjects can collect information, what information is collected, how to collect information, and the safe use of such information after collection, all boundaries should be demarcated and regulated according to law.

　　Lian Yuming said that personal information based on data association analysis should be strengthened. Unauthorized disclosure of personal information collected during outbreaks of infectious diseases may expose individuals to risks, including stigmatization, discrimination, and violence. Provide adequate protection according to law.

　　"Some communities now have mandatory face recognition access control, and some stores only accept mobile payments. These practices actually expose personal information on various platforms, which is risky." Liu Xiaobing said. He believes that there is a trade-off relationship between personal convenience and privacy protection. Many people expose personal information to the perspective of technology providers for convenience. If the technology providers are not subject to good regulations, there is a risk of privacy disclosure.

　　"For example, the face recognition access control is mandatory in the community. Individuals can ask the government to stop or prosecute. Such incidents occur in foreign countries." Liu Xiaobing said that in the final analysis, under the situation of faster and faster technological development, individuals should always Install "Anti-theft Network" with your own consciousness.

　　Lian Yuming suggested that in the face of major public health emergencies, infringement of the personal information rights of many citizens, as well as the illegal exercise of powers or omissions by the relevant administrative organs, resulting in violation of the personal information rights of many citizens, should be included in the procuratorial Legal protection is provided in the scope of public interest litigation of the government.

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　　Personal information protection legislation step by step

　　Since at least 2018, personal information protection has become a hot topic at the two sessions of the country.

　　The heads of the relevant departments of the Legal Work Committee of the Standing Committee of the National People's Congress recently revealed that with the development of new technologies such as big data and artificial intelligence, the collection and application of personal information are more extensive, and the task of strengthening personal information protection is more arduous. Beginning in 2018, the Legal Work Committee of the Standing Committee of the National People ’s Congress and the Central Office of the Cyberspace Administration will speed up the research and drafting of the Personal Information Protection Law. At present, the draft of the Personal Information Protection Law has been formed. After further improvement according to various opinions, it will strive to be submitted to the NPC Standing Committee for deliberation as early as possible in accordance with the legislative work arrangement of the NPC Standing Committee.

　　In the two sessions this year, China ’s first draft civil code was submitted to the Third Session of the 13th National People ’s Congress for deliberation. The draft personality code also made provisions for the protection of citizens ’faces and voices in a new technological environment.

　　A new provision was added to the second review draft: no organization or individual may infringe on the portrait rights of others by means of ugliness, defacement, or forgery using information technology. Without the consent of the portrait owner, the portrait of the portrait owner may not be made, used, or disclosed, except as otherwise provided by law.

　　The second review draft also included "voice" in the protection of personality rights, and added regulations: for the protection of natural person's voice, refer to the relevant provisions applicable to the protection of portrait rights.

　　That is to say, using information technology means to "spoof face"; forging the voices, facial expressions and body movements of others, and splicing and synthesizing false content are all violations of the rights of portraits and voices.

　　Beijing News reporter Ni Wei Wang Shu