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Original title: Installation of a facial recognition system in the sales office. Frankly Photographed House Viewers’ Comments: Who Gave The Spit? Source: Rule of Law Daily
According to a recent “Voice of China” report by the Central Broadcasting Corporation, some buyers reported that a new home sales office installed multiple cameras to identify buyers. The reporter learned that many sales offices across the country have admitted that they have installed a facial recognition system, which is used primarily to identify whether the buyer is viewing the home for the first time, whether it is received by an outside broker or if the sales office has completed the receipt for the first time. However, because the facial recognition system used in the sales office is a pointless catch, many home buyers are completely unaware of the fact that facial information will be collected.
There are also media reports that, to avoid being “killed” by the facial recognition system in the sales office, some home inspectors even reluctantly wear helmets and sunglasses when looking at the house.
Today, people seem to have entered the era of face swiping. Swipe the face to pay when you buy, unlock with a mobile phone and open the door when entering the community … More and more things are solved with swipe the face. But while facial recognition provides convenience, it also faces a great risk of technology abuse and information leakage. In this sense, the court has ruled that the unauthorized use of facial recognition by operators infringes on the legitimate rights and interests of consumers. But what’s even scarier is that, as the report revealed, traders can capture facial information without people knowing and use it for technical analysis.
Facial recognition, as a biometric technology for identity recognition based on information of human facial features, must collect and save images or video sequences containing human faces during specific applications. And this information belongs to the right to portrait and personal information that must be strictly protected by law. If it is used incorrectly or leaks, it will cause very serious consequences.
In a normal facial recognition scenario, the operator must inform the consumer in any case and obtain the consumer’s consent. For example, when people use facial recognition to pay, merchants must first enter facial information into the system and consumers must use SMS verification codes for secondary verification. By turning the face and marking the card, the employer will also inform the employees in advance so that the employees know this. Even Hangzhou Wildlife World, which was recently convicted of losing the lawsuit, informed consumers beforehand that it would use facial recognition.
That is, in the aforementioned scenario, regardless of whether the consumer is really willing, he at least knows which operator is collecting and using his facial information. However, the sales office practice noted in the report appears to be “unethical military”, and has no business outcomes or conscience of the rules. In other words, it uses the ceiling camera to obtain facial information from the customer without the viewer knowing it, and adopts technical means to distinguish between “natural visiting customers” and “channel customers”, and then adopts differentiated marketing strategies. This approach is no different from robbery.
Although some sales offices claim to install a facial recognition system only for risk control of real estate channels to avoid problems such as “internal and external orders” and “flying orders”, this phenomenon of unintentionally capturing the faces of customers remains scary: Because facial information has been turned into a “walking password”, people’s facial information can be captured and used without knowing it. What’s more, according to media reports, because after the epidemic, customers visiting homes generally wore masks, some sales offices even have student recognition technology. This has compounded public panic and concern. If such phenomena are not regulated, there is a high possibility that everyone will walk down the street at will and sensitive personal information, such as faces and students, will be stolen and used illegally. .
From a legal point of view, such behavior not only infringes on people’s right to have pictures and personal information, but is also suspected of being illegal or criminal. For example, according to the China Cyber Security Law and the recently released personal information protection bill, operators must follow the principles of legality, fairness and necessity when collecting and using personal information, publicly collecting and using the rules, and clearly specify the purpose, method and scope of the collection and use of the information. And with the consent of the person collected. At the same time, in accordance with the new version of the personal information security regulations implemented on October 1 of this year, before collecting personal biometric information, the subject of personal information must be notified separately of the purpose, method and scope of the collection and use of personal biometric information, as well as the rules of storage time, and Obtain the express consent of the subject of personal information. Another example is the illegal acquisition, sale or provision of more than 50 pieces of information on the whereabouts in accordance with the pertinent judicial interpretations; or the illegal acquisition, sale or provision of accommodation information, or more than 500 pieces of personal information of citizens that can affect personal and property security. It may constitute a crime of infringement of the personal information of citizens. With regard to lightness, the danger of stealing people’s facial information is even more serious and must be punished severely.
Furthermore, to protect consumers’ facial information, consumers cannot rely on passive and defenseless protective measures, such as the use of helmets and sunglasses. Nowadays, there are more and more scenarios where facial recognition is applied, and it is necessary to protect personal information with stronger laws and regulations and more scientific management mechanisms. For example, raising the threshold for image collection, manufacturing and use of facial recognition equipment, avoiding any organization that may collect facial information, and clarifying the “do not collect if necessary” principle and giving people the right to say “no”. At the same time, strengthen protection and require operators that collect and process facial information to strictly protect facial information, and cannot provide and use it without legal reasons. Violators will face administrative penalties and punitive civil compensation liabilities. People who steal facial information from secret photos should be investigated for criminal liability. Only by letting traders who “don’t treat other people’s faces like their faces” pay the price for their illegal actions can they prevent people from panicking.
