When "face recognition" is not a new term for a long time, from mobile phones to stores to communities, the application scenarios based on face recognition technology are becoming more and more abundant. Are you worried about the possible risks?
Suzhou court settles first case of new face recognition regulations
Recently, the People’s Court of Wuzhong District, Suzhou City, for the first time, applied the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Civil Cases Related to the Use of Face Recognition Technology in the Handling of Personal Information, which came into effect on August 1. Property service contract disputes caused by not letting into the community.
Take the case statement, poke the video, and learn about the trial process of the case together.
What is the basis for the court to close the case? What kind of message do you hope to convey to the society?
Du Rongshang, a full-time member of the Judicial Committee of the Wuzhong District People’s Court of Suzhou City, Jiangsu Province: The
main basis is the judicial interpretation of the Supreme Law on face recognition that came into effect on August 1. Provisions on Several Issues Concerning the Application of Laws in Civil Cases", Article 10 clearly stipulates that: real estate service enterprises or other building managers use face recognition as the only verification method for owners or real estate users to enter and exit the real estate service area. Owners who disagree or If the property user requests other reasonable verification methods, the people's court shall support it in accordance with the law.
In other words, the property must not force the use of face recognition as the only verification method for entering and leaving the community.
In addition, Article 1034 of the Civil Code stipulates that personal information of natural persons is protected by law; Article 1035 stipulates that the handling of personal information shall follow the principles of lawfulness, fairness, and necessity, and requires the consent of the parties concerned.
Du Rongshang, a full-time member of the adjudication committee of the Wuzhong District People’s Court of Suzhou City, Jiangsu Province:
We want to pass the trial of this simple case to have a very good effect of law popularization.
Including the previous “face recognition case” in Hangzhou Wildlife World. The rights defender was Guo Bing, a distinguished associate professor of Zhejiang Sci-Tech University, and Lao Dongyan, a professor at the Law School of Tsinghua University who had been defending rights before. They are all relatively professional. The case of defending rights.
Especially in the era of big data and technology, how to protect personal information, I believe the general public should also have this awareness.
For property companies or other business entities, when collecting personal information or signing contracts, it is best to pay attention to some of the state’s legislation and regulations on relevant aspects, so as to better provide services in accordance with laws and regulations.
Publicly opposed to "mandatory face recognition", as the owner, what is she worried about?
Lao Dongyan, a professor at Tsinghua University Law School:
From the perspective of the owner, I am mainly worried about the leakage and abuse of personal information.
Because the property company has no motivation, nor the corresponding financial and material resources to upgrade the technical measures on the protection of personal information.
On an objective level, some property personnel are actually more likely to deliver personal information to a third party, which will greatly increase the risk of personal information leakage and abuse, thereby endangering the personal safety and property safety of residents in the community.
Publicly opposed to "mandatory face recognition", as an expert, what is she worried about?
Lao Dongyan, a professor at Tsinghua University Law School:
From the perspective of legal experts, I actually have two main concerns.
① The leakage and misuse of personal information will cause a sharp increase in illegal crimes.
Such as the use of personal information to accurately defraud.
Telecom fraud has been increasing at a high double-digit ratio in recent years, including facial information being used to log in to other people’s bank accounts or Alipay accounts, and it may also be used for money laundering and other illegal crimes, and some, such as grafting other people’s faces to pornography. In illegal and criminal videos, these will directly threaten the personal safety and property safety of the public, directly affect the sense of social security, and also cause some other social problems; ②Face information, it can quickly identify personal identity, if it is related to others If the company’s personal database is opened up, the unit or company that holds the data will know us better than ourselves. If the data company controls our personal preferences, it will actually be a terrible thing.
The community property shall not force the owner to brush his face in and out with a clear obligation to inform
Lao Dongyan, a professor at Tsinghua University Law School:
Whether it’s the Civil Code, the Cybersecurity Law, or the Personal Information Protection Law, there are clear provisions for informed consent. In law, it does not mean that the property is only notified by unilateral notice. Yes, but the relevant units that require the collection of personal information need to inform the counterparty of the corresponding risks, as well as the purpose of collection, the scope of personal information collection, and the purpose.
Moreover, it is required to seek the consent of everyone individually, and the individual has the right to disagree.
On the other hand, I think it is necessary for the property company to provide other options from the beginning. If it does not provide other options, in fact, the property company will only bring itself a lot of hidden dangers in lawsuits.
If the Suzhou court settles the first case of the new face recognition regulations, we can feel that as long as the residents choose to go to the court to fight the lawsuit, the property company will undoubtedly lose.
The property company hired a lawyer to file a lawsuit and wasted money, material and energy.
In addition, for example, in addition to the property, other shareholders or departments, units, or related persons that support the installation of facial recognition on the property are actually facing other risks themselves. If there is a large-scale leakage or abuse of data in residential areas, it is likely to be The legal responsibility of the relevant person will be investigated.
From this perspective, they are actually "planting mines" for their careers.
Social awareness and legal follow-up are constantly saying "no" to the abuse of facial recognition
Moderator:
From your own experience, to the Hangzhou citizen suing Hangzhou Wildlife World, which is known as the "first face recognition case" in China, to the Suzhou case, what changes and progress have you observed in the process?
Lao Dongyan
, a
professor at Tsinghua University Law School:
Right now, from the legal level, from the national level, the changes are actually very obvious. Because the value orientation is influenced by tradition, in the past we didn't really distinguish between the types of technology, and tended to protect the industry or the so-called digital economy. But now everyone is more and more aware that different technologies actually have different risks. Technology cannot be confused, and it cannot be said that all technologies require legal protection. For example, gene-edited babies are completely prohibited by the "Criminal Law", and doing so constitutes a crime. Therefore, at the legal level, according to the nature of the technology and its impact on the real society, and the social risks it brings, it is decided how to treat it at the legal level. Therefore, whether it is the judicial interpretation on face recognition announced by the Supreme Court on July 28 or the "Personal Information Protection Law" passed by the Standing Committee of the National People's Congress on August 20, we are clearly aware of our value orientation. The widespread use of face recognition may cause social risks and risks to public safety. It is not what I said before, but a trade-off between personal privacy and security. Because public safety itself is the personal rights or property rights of each of us. If this goes on, there will be neither privacy nor security.