China tech regulator issues draft rules on facial recognition use
Facial recognition tech will be used toward public safety, Cyberspace Administration says
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The Cyberspace Administration of China said Tuesday that it has issued draft rules to regulate the application of facial recognition technology.
The CAC wrote that facial recognition technology can only be used to process facial information when there is a specific purpose and sufficient need, as well as when strict protective measures are taken.
Utilization of the tech will require the individual's consent, except for instances where it is not required by law or regulations to obtain personal consent.
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The administration explained the installation of related equipment in public places should be necessary to maintain public safety, comply with relevant state regulations and be installed along with prominent reminder signage.
A woman approaches facial recognition camera-controlled gates at Peking University in Beijing, China, Aug. 31, 2020. (Reuters/Thomas Peter/File Photo / Reuters Photos)
Devices will not be installed in hotel rooms, public bathrooms, changing rooms, restrooms and other places that may infringe on privacy. Furthermore, business establishments like hotels, banks, stations, airports, stadiums, exhibition halls, museums, art galleries and libraries will not use the tech unless required by laws and regulations to conduct business.
Organizations are required to take strict protection measures to prevent illegal access, copying, disclosure, external provision and the dissemination of personal images.
In addition, building managers cannot use it to verify personal identity as the only way to enter and exit property management areas.
The Cyberspace Administration of China in Beijing on July 8, 2021. (Reuters/Thomas Peter / Reuters Photos)
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People can only use facial recognition technology to remotely identify individuals at the request of other interested parties with personal information that is directly and necessarily related to the request and no organization or individual may use the tech to analyze a person's race, ethnicity or religion.
To process the facial information of children under the age of 14, consent must be obtained from the minor's parents or guardians.
Zhuang Rongwen, head of the Cyberspace Administration of China, attends a forum at the fifth World Internet Conference in Wuzhen, Zhejiang province, Nov. 8, 2018. (Reuters/Jason Lee / Reuters Photos)
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Anyone who violates the regulations, causing damage to others, will bear civil liability, according to the law.
In 2020, Chinese media reported that facial recognition was used to activate toilet roll dispensers in public toilets, which triggered both public and regulatory concerns at the time.
Chinese courts and local governments have since ruled against and fined companies for facial recognition overuse, according to the South China Morning Post.
Reuters contributed to this report.