China's top court specifies rules for facial recognition

0 Comment(s)Print E-mail Xinhua, July 29, 2021
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A citizen goes through facial recognition and takes a queuing number at the information desk of the Xiongan New Area Administrative Service Center in Xiongan New Area, north China's Hebei Province, May 12, 2021. [Photo/Xinhua]

China's Supreme People's Court on Wednesday specified a set of regulations for the use of facial recognition.

The rules involve issues concerning the application of laws in the trial of civil cases related to the use of facial recognition technology in handling personal information.

The misuse of facial recognition at business or public premises without legal authorization shall constitute an infringement of personality rights, according to the rules.

When online platforms or Apps try to get the approval of users in processing their facial information, the specific clauses have to be presented to the users for special consideration rather than buried in the general terms of use, says the document.

It also rules out the practice of forcing users to agree to facial recognition terms if they want to use their services, which do not rely on the access of facial information.

For the situation where property management service enterprises set up facial recognition as the only verification method for people entering a property, the document says reasonable alternative methods must be provided for those who do not agree to use facial recognition.

Upon request, courts may also, in accordance with the specific circumstances of the case, issue an injunction against the infringement of personality rights in accordance with the law, according to the document.

The regulations will enter into effect on Aug. 1.

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