Some residential communities did not seek the opinions of residents to install face recognition access control, which was opposed by some residents.
Some scholars believe that the huge risks that face recognition technology brings to society are even greater than the convenience it brings
Does the property have the right to compulsorily collect the facial information of residents?
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Currently, face recognition is used as access control in some communities.
Its mandatory implementation touched the sensitive nerves of the persons being collected, and aggravated people's worries about information leakage.
Experts said that there should be special laws that clearly stipulate the subjects and legal obligations that can collect personal information.
Recently, Zhao Ming (pseudonym), who lives in a community in Changping District, Beijing, returned from a business trip and found that the community that had no access control had installed a face recognition access control.
"Suddenly it became necessary to brush my face to enter the community, and I did not inform in advance. I had to do it again." On September 27, Zhao Ming told a reporter from the Workers' Daily, "It is very difficult for me to enter personal information for this. Willingly."
At present, face recognition is increasingly used as an access control, and its mandatory implementation has touched the sensitive nerves of the information collector, and the opacity and asymmetry of the information has exacerbated people's concerns.
Questions followed: Is there a corresponding legal basis for the use of face recognition in community access control?
Does the property have the right to compulsorily collect personal information of residents?
Has the collected personal biological information been properly protected?
"Suddenly you can only enter the community by brushing your face"
Tenant Wu Jing (pseudonym), who lives in the same community with Zhao Ming, told reporters that the management staff of the community only posted a notice at the door to brush their faces to enter the community, and did not solicit everyone's opinions in advance, nor did they inform the community from house to house.
"Workers Daily" reporters saw in this notice issued by the community neighborhood committee on September 16 that residents are required to bring mobile phones, ID cards, house buyers with real estate certificates, and tenants with rental contracts, and register at designated locations within 4 days.
The notice also attached the smart access control registration process.
"During the epidemic, in order to strictly control the entry and exit of outsiders, security guards were on duty day and night, and the neighborhood committee and the property had a heavy workload, so I thought of using face-washing to enter and exit." A property manager of the community told a reporter from Workers' Daily. It should have been like this a long time ago. You can go to another community to check it out. We are pretending to be late here."
The reporter visited the community and found that some residents think that smart access control is convenient and can ensure the safety of the community, and many residents are worried about the collection of personal information.
"Once a person's biological information is entered into the system, there is a risk of being leaked." Zhao Ming said.
"I kept pressing until the last day of the deadline to go to the property to handle it." Wu Jing said, "Many people at the scene complained, fearing that their privacy would be leaked, but there is no way. You can't enter the door without processing." At present, the wisdom of the community The access control system has been activated.
Is it safe for residents to "hand over" facial information?
In this regard, the property management staff of the community told the "Worker Daily" reporter, "This is promoted by the street office, not for individual communities, and it is very safe." However, how to keep the collected information and how to ensure reasonable use, the property The company did not give a clear response.
Some residents believe that the "theft prevention" of property interpretation does not work.
"If there is a real attempt at theft, as long as someone opens the door, the thief may follow behind or enter over the wall. This kind of system is a display." said a lady in the community.
The reporter has learned that there have been media reports that face recognition access control in some communities is not smart, and the state of unsuccessful face scanning also exists at any time.
The "Xiamen Evening News" once reported that a woman had only successfully swept her face into the building three times in three years.
"Can I change my face if the face information is leaked"
The core question that residents questioned about face recognition access control is: Does the community property have the right to compulsorily collect residents' personal information?
Attorney Xiong Chao of Beijing Jingshi Law Firm told reporters that my country currently has no clear legal basis for the subject of personal information collection, and there is a great risk of personal information leakage and privacy security issues.
“Because the subject who can collect personal information is still unclear, some businesses, community properties, etc. are now collecting personal information in order to facilitate and improve management efficiency.” Xiong Chao said, “Although it is not explicitly said to be'mandatory', but If you don’t accept the collection as required, you won’t be able to complete the payment, you won’t be able to enter the door, etc. This is a kind of compulsion in disguise."
Xiong Chao told reporters that the collection and use of personal information should follow the principles of lawfulness, fairness and necessity, publicly collect and use rules, and clearly state the purpose, method, and scope of the collection and use of information, and obtain the consent of the person being collected.
“At present, many operators have not considered the legal risks in the process of collecting personal biometric information when using the'face-brushing' technology. If the community installs face recognition access control, if the residents are not discussed and discussed in advance at all, the residents will be consulted. Agree and install it directly, which violates the principle of consent of the person being collected." Xiong Chao said.
Liu Huan, the technical manager of a technology company in Shenzhen, said that once the face information is leaked, the risk is great.
"If your Alipay or WeChat Pay is bound to face recognition, you can use the payment password to pay or automatically pay through face recognition, then after your face recognition information is collected by others, it is equivalent to your bank card I told others the password.” Liu Huan said, “What’s more terrifying is that the bank card password can be changed if it is leaked, but can the face be changed if the face information is leaked?”
The law should regulate the collection of human biological information
In June of this year, Guo Bing, an associate professor at Zhejiang Sci-Tech University, took Hangzhou Wildlife World to court because he refused to accept the zoo’s changing the way of entering the park to "brush face."
This "first case of face recognition" has attracted much attention, reflecting the public's doubts and even dissatisfaction with the abuse of personal information collection.
In the first half of this year, Lao Dongyan, a professor at Tsinghua University Law School, also encountered the situation of "not letting you enter the community without brushing her face". She clearly expressed her rejection to the property company and the neighborhood committee.
On September 23, the theme was "Can the community access control face recognition?
At the seminar on "The Abuse of Human Bioinformation Collection and Its Legal Rules", Lao Dongyan, as a guest speaker, spoke about this experience in person.
Lao Dongyan believes that it is not necessary to install face recognition devices in communities. The huge risks that face recognition technology brings to society far outweigh the conveniences it brings.
On the other hand, collecting face data without consent also violates current laws and regulations.
Chen Zhongyun, a professor at China University of Political Science and Law, said that my country's current regulations on the collection of human biological information are still mainly reflected in the level of personal information protection, and there is no specific legislation.
In this context, the community or community is the place and space where people live for the longest time and have the most private activities in their lives. It is not appropriate to force the use of face recognition technology in the access control system.
The law should make clear provisions on the subjects that can collect personal information, legal obligations, and illegal collection.
Some experts believe that face recognition technology is not necessarily suitable for collection in many occasions. It is recommended that a voluntary principle be adopted to give residents full choice. Card access control and face recognition access control coexist.
On October 1, the new version of "Information Security Technology Personal Information Security Specification" was implemented.
The "Specifications" require that before collecting personal biometric information such as faces and fingerprints, the personal information subject should be separately notified of the purpose, method and scope of the collection and use of personal biometric information, as well as the storage time and other rules, and the personal information subject should be consulted Agree.
The industry believes that this is a strong signal from the government to strengthen the protection of personal information.
Our reporter Liu Bing