China News Agency, Beijing, August 5 (Reporter Liu Yuying) From August 1st, the judicial interpretation of face recognition has entered the implementation stage. This is the first time that the four characters "face information" have appeared in judicial interpretations.
Experts believe that face recognition will usher in an era of strong supervision.
In recent years, as an important application of artificial intelligence, face recognition has played an important role in many fields, but there is no lack of abuse.
Face information is biometric information in sensitive personal information. Once leaked, it will cause great harm to the personal and property safety of individuals, and may even threaten public safety.
On July 28, the Supreme People's Court issued regulations on several issues concerning the application of law in the trial of civil cases related to the use of facial recognition technology to handle personal information. This judicial interpretation says no to the abuse of facial recognition.
Shi Lin, deputy director of the Artificial Intelligence Department of the Cloud Computing and Big Data Research Institute of China Academy of Information and Communications Technology, said in an interview with a reporter from China News Agency that the judicial interpretation of the Ministry provided guidance for the trial of civil cases related to face recognition and provided judicial organs. Provide guidance on hearing new types of cases involving face recognition.
The judicial interpretation defines the use of face recognition access control systems in communities that people care about.
Prior to this, the Hangzhou Zoo's "First Face Recognition Case in China" in 2019 has aroused great attention.
Since then, Sichuan Province, Hangzhou City, and other places have added relevant provisions in their draft property management regulations that they must not force owners to "brush their faces".
Shi Lin said that the first judicial interpretation requires the property to provide verification methods for entering and exiting the property service area except for face recognition, which draws on local practices; the second is that the collection and use of facial information by the residential property must be obtained from the owner in accordance with the law. Or the voluntary consent of the user of the property; the third is to stipulate that the property shall be responsible for the infringement as defined in the judicial interpretation.
The judicial interpretation stipulates seven specific situations in which the processing of facial information constitutes an infringement of personality rights, and stipulates the comprehensive clauses for processing facial information based on the principle of "lawfulness, fairness, and necessity". This also means that users should not be obtained under non-essential conditions. Face data.
Among them, the judicial interpretation regulates the use of face recognition technology for face verification, face recognition or face analysis in shopping malls, hotels, entertainment venues and other business establishments and public places.
Shi Lin, for example, said that information processors who collect facial information without the user’s consent will not be allowed. If the information processors take pictures of natural persons without consent when the user agrees to collect facial information but does not agree to perform analysis such as emotional recognition, And provide personalized recommendations and other services, it infringes personality rights.
In addition, judicial interpretations also strengthen the protection of minors’ facial information.
It is stipulated that information processors must obtain the individual consent of their guardians when processing the facial information of minors.
Shi Lin introduced that another highlight of the judicial interpretation is the introduction of the principle of individual consent, which stipulates that information processors must obtain individual consent for facial information processing activities when obtaining personal consent.
In other words, the information processor only obtains personal consent through a package of informed consent to process facial information is an act that infringes on the rights and interests of personality.
Pan Helin, executive dean and professor of the Institute of Digital Economy of Zhongnan University of Economics and Law, believes that the judicial interpretation clarifies the principle of separate consent and the non-essential principle, and provides some enlightening ideas for the subsequent further improvement of the strong supervision system.
In addition to judicial interpretations, research institutions have also initiated actions to protect facial information.
The China Institute of Information and Communications Technology launched the "Trusted Facial Recognition Guardian Program" in March this year, which has been participated by many companies such as Tencent Cloud, Ant Financial, Baidu, JD.com, and Shangtang.
At present, the "General Trustworthy Capability Requirements for Face Recognition System" has been formed, a threat intelligence sharing mechanism has been established, and the "face protection plan·security dynamics" have been released.
According to Hu Naying, an engineer from the Institute of Information and Communications Technology, the member units of the "Face Protection Program" are speeding up the compilation of research reports such as the "Face Recognition Data Compliance Operation Guidelines" to provide a reference basis for facial recognition-related companies to deal with facial data. Protect the public's face data security.
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