Personal information protection sees new regulations across various regions
[2] Compiled from: CCTV News, Red Star News
Case review
[3] Recently, a short video of a man "wearing a helmet to view apartments" went viral online. The video featured a subtitle reading, "Wearing a helmet to view apartments to protect personal information." This sparked widespread discussion among netizens on how to effectively safeguard personal information.
[4] It also drew attention from local government authorities. Within just a few days, multiple regions took action: Tianjin, Nanjing, and Hangzhou introduced policies banning the illegal collection of facial information and the forced use of facial recognition. The nation is taking steps to protect personal information and safeguard our faces.
[5] Relevant policies
On December 1, the "Tianjin Social Credit Regulations" were voted through and will take effect from January 1, 2021.
Article 16 of the Regulations stipulates that market credit information providers collecting natural persons' information must obtain their consent and agree on the purpose of use, unless otherwise provided by laws and administrative regulations. Market credit information providers are prohibited from collecting natural persons' religious beliefs, blood type, diseases and medical history, biometric information, and other personal information that laws and administrative regulations prohibit from collecting.
Therefore, enterprises, institutions, industry associations, chambers of commerce, etc., are prohibited from collecting biometric information such as facial features, fingerprints, and voice.
In response to the "wearing a helmet to visit a sales office" incident, Nanjing took the lead in targeting facial recognition systems at real estate sales offices. Recently, the Nanjing Housing Security and Real Estate Bureau issued an urgent notice requiring that sales offices must not capture facial information of visitors without their consent.
At the same time, a developer revealed that following Nanjing, the Xuzhou Housing and Urban-Rural Construction Bureau also issued oral notices to some new and ongoing real estate projects, requiring sales offices not to use "facial recognition" systems.
With the advancement of smart community construction, more and more residential areas are installing facial recognition access controls. Supporters claim facial recognition facilitates community security management, while critics argue that arbitrarily collecting personal information is illegal and even worry about adverse consequences from data leaks.
The "Hangzhou Property Management Regulations (Revised Draft)" submitted for review in October stipulates that property service providers shall not force owners to use shared facilities and equipment through biometric information such as fingerprints and facial recognition.
According to data, in addition to the Hangzhou revised draft, the "Property Management Regulations" in Anhui Province, Lanzhou City, Beijing, and other places also explicitly stipulate the protection of owners' personal information. However, these regulations do not clearly mention biometric information such as fingerprints and facial data, nor do they address the issue of forced collection. If the revised draft is passed, the "Hangzhou Property Management Regulations" will become the first formal legislation in China to regulate facial recognition in residential communities.
[1] The author's perspective
How to solve the problem of protecting personal information, including facial recognition data? From a legislative perspective, establishing and improving relevant laws and regulations is undoubtedly the most effective means. In recent years, the pace of formulating relevant laws and regulations in China has been gradually accelerating.
As can be seen from the upcoming "Civil Code," the names and biometric information of natural persons are considered personal information, and the act of collection is classified as a form of processing personal information. It requires that collection should follow the principles of legality, legitimacy, and necessity, without excessive processing, and must meet four conditions: first, obtaining the consent of the natural person or their guardian; second, disclosing the rules for processing information; third, clearly stating the purpose, method, and scope of processing information; and fourth, not violating laws, administrative regulations, or agreements between both parties.
The trend of technological development is unstoppable, but the collection and use of personal information must also have boundaries. Facial recognition technology is a "double-edged sword." When used properly, it can make criminals nowhere to hide, but if abused, it can become an accomplice to those with ulterior motives. It is hoped that the courts will improve and implement relevant laws so that technology truly benefits the public.
