China News Service, Beijing, July 28th (Reporter Guo Chaokai and Liang Xiaohui) "The Supreme People's Court's Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Cases Related to the Use of Face Recognition Technology in the Handling of Personal Information" issued on the 28th, abuse of face recognition technology in business premises , Make clear provisions on issues such as "face-brushing" entering the door of the community, binding of personal information to mobile apps, and protection of minors' facial information.
Face information belongs to the biometric information in sensitive personal information. It is the personal information with the strongest social attributes and the easiest to collect in the biometric information. It is unique and unchangeable. Once leaked, it will cause extreme damage to the personal and property safety of individuals. Great harm, and may even threaten public safety.
In recent years, the public's concern about the abuse of face recognition technology has been increasing, and the call for strengthening the protection of face information has been increasing.
In this regard, the "Regulations" clarify the nature and responsibility of the abuse of facial recognition technology to process facial information from the perspective of personality rights and tort liability.
Regarding the previously exposed offline stores abusing facial recognition technology in the business premises for facial recognition, facial analysis and other behaviors, as well as several types of typical behaviors that are strongly reflected by the society, the "Regulations" list them and clearly define them as infringements The behavior of the personality rights of a natural person.
Regarding some businesses that use unreasonable methods such as one-time general authorization, bundled with other authorizations, "no service provided without consent," and other unreasonable methods to process the facial information of natural persons, the "Regulations" clarify that the processing of facial information of natural persons must be obtained from the natural person or other persons. The individual consent of the guardian; violation of individual consent, or forcing or disguisedly forcing a natural person to agree to the processing of their face information constitutes an act that infringes on the personality rights of the natural person.
Regarding the forced "face-brushing" entry in the community, the "Regulations" clarified that real estate service enterprises or other building managers use face recognition as the only verification method for owners or property users to enter and exit the property service area. Owners or property users who disagree The people's court shall support it in accordance with the law if it requests other reasonable verification methods.
The "Regulations" strengthen the protection of minors' facial information from the judicial trial level: information processors must obtain the individual consent of their guardians when handling minors' facial information.
At the same time, the "Regulations" clarified the basic rules of non-retroactivity, namely: the use of facial recognition technology to process facial information for information processors, and the processing of facial information generated based on facial recognition technology occurred before the implementation of this regulation. Yes, this regulation does not apply.
Yang Wanming, vice president of the Supreme Court, stated that in the next step, the Supreme Law will focus on four tasks: integrate the judicial protection of personal information into the implementation of the Civil Code, fully cooperate with the legislative work of the Personal Information Protection Law, and effectively strengthen the judicial protection of personal information. The uniform application of laws for the protection of personal information continued to strengthen the crackdown on criminal crimes of personal information. (Finish)