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Original title: Consumers Win First Face Recognition Case, and Hidden Concerns of Information Leak Still Exist
Following the verdict of the “first facial recognition case” in China, the issue of facial data protection has once again attracted attention and debate. On November 20, Hangzhou Wildlife World was sentenced to compensate interested party Mr. Guo 1,038 yuan for mandatory sweeping of the park. The next day, the 21st, the Hefei Municipal Public Security Bureau also responded on the government affairs platform to public concerns about whether the access control system would leak information. Along with the rapid application of facial recognition technology, it is the continuous improvement of people’s awareness of privacy protection. So what are the risks of abuse of facial recognition technology? How to define if facial recognition violates the security of personal information? How to build a solid line of defense in the law?
Thousands of compensation for mandatory facial brushing
The cause of the case dates back to April 2019. Guo spent 1,360 yuan to buy the Hangzhou Wildlife World “365 days” two-person annual card, clarifying that the annual card and fingerprint can be verified at the same time to enter the Park. However, the garden party unilaterally upgraded fingerprint recognition to “slide face” to enter the garden unilaterally, and the party in question took the garden party to court for this.
In this case, the Hangzhou Fuyang Court issued a lower court ruling and found that Hangzhou Wildlife World’s unilateral update of fingerprint recognition to the practice of swiping the face in the park was “exceeded and unjustified”, and ruled that the park party should compensate the party in question, Mr. Guo, for the loss of contractual interest and The total transportation cost is 1038 yuan, and the information of the facial features is removed, including photos sent by the parties when applying for the annual fingerprint card.
In recent years, “facial recognition” technology has been widely used in all aspects of daily life. People are no longer unaware of these new methods of face-to-face payment, face-to-face access control, self-service banking, work attendance at work and face-to-face use. According to the “Special Investigation Report on the Social Value of China’s Face-Based Payment Technology Application in 2019”, the “New Year” of face-based payments was officially launched in 2019, and the number of domestic users of face-based payments reached 118 million. It is estimated that by 2022, there will be more than 760 million users of facial payments.
The proliferation of facial recognition technology also carries potential risks. Gao Tongwu, senior partner at the Beijing Yingke Law Firm, said in an interview with a reporter for Beijing Business Daily that using facial information to quickly and accurately identify individual subjects is a great trajectory of personal action. Tracking is very efficient, and this technology is not only used to capture personal facial biological information and compare it with the corresponding data in the existing database, it can also track more information of personal identity, daily whereabouts, people and cars. Matching, kinship, and frequent personal contact increase the possibility of fraud, theft, and other incidents, resulting in loss of property and other violations of personal rights.
In the face of risks, people’s sensitivity and vigilance have also increased accordingly. On November 21, the Hefei Municipal Public Safety Office responded to netizens’ concerns about whether facial recognition on the “Smart Safe Community” would cause an information leak on government service 12345 via the train, stating that it would not there is a mandatory requirement for facial recognition and that the owners have taken voluntary action. Enter facial recognition and you can swipe the access card if you don’t want to enter.
How to define violation
In fact, the risk of information leakage caused by face slippage is not unfounded, and there are already many examples in real life at home and abroad.
In March of this year, some media revealed that hundreds of thousands of photos of faces with masks were selling for 2 cents a piece. According to the seller, these photos “half were tracked from the Internet (worm) and the other half from reality.” world. “That is, programs or scripts that automatically track information online through” web trackers “, or that are saved when entering daily life.
Coincidentally, recently, an express delivery point in Shanghai has also raised doubts due to the introduction of new regulations: “To prevent theft and abuse, all people who come to collect the package must take pictures and files before they can take the express “. Many citizens believe that This can reveal privacy, “what should I do if someone accepts a payment for facial recognition”?
Similar cases have become a common hidden danger for all countries. Recently, the Los Angeles Police Department was exposed to the use of an application developed by the US facial recognition company Clearview AI, responding that police officers are prohibited from using the facial recognition system provided by commercial companies. It is worth noting that this company tracked around 3 billion photos of faces on Facebook, Twitter, Instagram, YouTube and other social platforms without the permission of the parties in 2019.
Facebook itself is also in an information security vortex. In 2019, its photo tagging service used facial recognition software to display names on users’ photos and was the subject of a class action lawsuit. Earlier this year, Facebook agreed to pay $ 550 million to settle.
Many cases have applied facial recognition technology in different fields and for different reasons, and people whose facial features have been collected reacted differently as well. So under what circumstances is the use of facial recognition technology a violation?
Gao Tongwu noted that Article 29 of the Consumer Rights and Interests Protection Act stipulates that “business operators shall follow the principles of legality, fairness and necessity when collecting and using consumer personal information, and clearly state the purpose, method and scope of the collection and use of the information, and Consumers agree. “Article 44 of the Cybersecurity Law stipulates that” no individual or organization may steal or obtain personal information in other illegal ways, and will not sell nor will you illegally provide personal information to others ”.
“Our law emphasizes that the supervision and handling of personal information must follow the principle of ‘legality, justice and necessity’ and the need to obtain the consent of the parties involved; the principle of guaranteeing security must be followed in the process of use of personal information, and not leak, sale or illegal offer to others, ”explained Gao Tongwu.
Regarding the aforementioned Mr. Guo case, Li Hongjiang, senior partner of the Beijing Guantao Zhongmao law firm, told a Beijing Business Daily reporter that in this case, since Mr. Guo signed an agreement to “collect fingerprint information “with the garden party, the garden party simply On the other hand, the content of the agreement was changed and the requirement to collect” facial information “was obviously violated and the” need “was exceeded.
Increase responsibility for data custody
In recent years, the protection of personal information has attracted a great deal of attention from the general public, relevant professionals and government departments. The country is also constantly formulating new laws and regulations to improve the personal information protection system.
Li Hongjiang told a Beijing Business Daily reporter that from the upcoming implementation of the Civil Code to the Personal Information Protection Act (Draft), the definition of personal information, the scope of rights protection, the rules for handling personal information and related legal consequences. All are gradually clarified and refined, providing good guidance on how to protect the public’s personal information.
“Under the wave of technological innovation, the commercial application of facial recognition technology is unstoppable and collectors must strictly comply with the relevant personal protection laws and regulations.” Gao Tongwu suggested that, on the basis of existing laws, increase legal liability for breach of custody obligations At the same time, if the collector withdraws or requests to delete their own data, the storage and custodian shall delete the corresponding data; the application scenarios of facial recognition technology must be legal and reasonable, and the application scenarios cannot be expanded without authorization, otherwise the collector and custodian must bear the corresponding legal responsibilities.
“As an individual, we must also take precautions in daily life. Do not use face-changing software for entertainment. Try to avoid opening multiple channels for facial payment and avoid facial recognition in various applications and e-commerce platforms, especially the Internet advertising. “Gao Tongwu recalled.
The digital age and the protection of information have become an issue that Chinese law must weigh. In addition to the formal implementation of the “Information Security Technology Personal Information Security Specification” on October 1 this year, some local legislation for data information is also on the way. On November 6, Yan Aoshuang, deputy chairman of the Standing Committee of the Beijing Municipal People’s Congress, led a team to conduct an investigation on the application of facial recognition technology and data legislation. Yan Aoshuang said that a research group on data legislation should be established to further track and study the key and cutting-edge issues of data legislation.
“In the formulation of laws, it is possible to increase the protection of personal information and the punishment of those responsible for violations, at the same time that the development of personal information is balanced with the development of the digital economy and the relationship between public interests, so that personal information can be reasonably used and obtained. Protect it effectively, “said Li Hongjiang.
Beijing Business Daily Reporter Tao Feng Lu Yinling
