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Abusing Face Recognition Technology Is Act of Tort !
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On July 28, 2021The Supreme People's Court released the Provisions on Several Issues concerning the Application of Law in the Handling of Civil Cases Related to the Processing of Personal Information with Face Recognition Technology.
The highlights are as follows:* Where an information processor falls under any of the following circumstances in the processing of facial information, the People's Court shall determine that it is an infringement upon the personality rights and interests of a natural person:(I) using facial recognition technologies to verify, recognize or analyze faces in such business places or public places as hotels, shopping malls, banks, stations, airports, stadiums and gymnasiums or entertainment venues in violation of laws and administrative regulations;(II) failing to disclose the rules for the processing of facial information or to clearly indicate the processing purpose, method and scope;(III) where the processing of facial information is subject to an individual's consent, the sole consent of the natural person or his/her guardian is not obtained, or the written consent of the natural person or his/her guardian is not obtained in accordance with laws and administrative regulations;(IV) violating the purpose, method and scope of the processing of facial information as expressly indicated by the information processor or agreed between both parties;(V) failing to take due technical measures or other necessary measures to ensure the security of facial information it collects and stores, which results in the disclosure, falsification or loss of facial information;(VI) providing facial information to others in violation of the provisions of laws and administrative regulations or the agreement between both parties;(VII) processing facial information in violation of public order and good customs; and(VIII) other circumstances under which facial information is processed in violation of the principles of legality, legitimacy and necessity.
* Under any of the following circumstances, if the information processor defends itself on the ground that it has obtained the consent of the natural person or his/her guardian, the People's Court shall not support such defense:(I) where the information processor requires the natural person to agree to process his/her facial information before providing a product or service, unless the processing of such facial information is necessary for providing the product or service;(II) where the information processor requires the natural person to agree to process his/her facial information by bundling such consent with any other authorization; or(III) other circumstances under which the information processor forces or forces in a disguised manner a natural person to agree to process his/her facial information.
* Under any of the following circumstances, if the information processor claims that it shall not bear any civil liability, the People's Court shall support such claim according to law:(I) where the processing of facial information is necessary for responding to a public health emergency or for protecting the life, health and property safety of a natural person;(II) where the facial recognition technology is used in public places in accordance with the relevant provisions of the State for the purpose of maintaining public security;(III) where the facial information is processed within a reasonable scope to carry out such activities as news reporting and supervision by public opinions for the public interest;(IV) where the facial information is reasonably processed within the scope agreed by the natural person or his/her guardian; or(V) other circumstances as prescribed by laws and administrative regulations.
( You may read another article today for Chinese version )
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