China Proposes Measures for Facial Recognition Use, Demands 'Individual Consent’

China is taking significant steps to address concerns surrounding the widespread use of facial recognition technology. The growing adoption of this technology has sparked discussions about convenience, privacy, and ethical concerns.

TechCrunch reported that the Cyberspace Administration of China (CAC), the country's top internet watchdog, revealed a series of proposed measures on Tuesday to regulate the use of facial recognition technology.

This technology has been applied in diverse sectors, from payment authentication to identity verification at airport boarding gates. However, they are also seen as a double-edged sword as it could provide convenience and security concerns.

Proposed Measures of Cyberspace Administration of China

The proposed measures reportedly encompass the "Provisions on Safety Management of Face Recognition Technology Application (Trial Implementation)."

These regulations aim to ensure responsible usage of facial recognition technology, protect personal information rights, and uphold public order and safety.

They align with established laws like the "Network Security Law of the People's Republic of China," "Data Security Law of the People's Republic of China," and "People's Republic of China Data Security Law."

Under these regulations:

• The use of facial recognition technology must comply with laws, preserve public order, respect social ethics, fulfill social responsibilities, and safeguard national security, public interests, and individual rights.
• The technology should have specific and necessary purposes, accompanied by rigorous protective measures. If feasible, non-biometric identification technology solutions are preferred.
• Consent from individuals is required for processing facial information unless dictated otherwise by laws and regulations.
• Installing image collection and personal identification devices in places that compromise others' privacy, such as hotel rooms and restrooms, is prohibited. Public organizations must adhere to state regulations and display conspicuous reminders when installing devices in public spaces.
• Collected personal images and identification information must be confidential and used solely for public safety maintenance unless individual consent is granted.
• Property service companies should provide alternatives for property access besides facial recognition technology.
• Analyzing sensitive personal information like race, ethnicity, religion, health status, and social class is forbidden.
• Users of facial recognition technology must obtain separate consent from parents or guardians for minors under 14.
• Organizations employing the technology should conduct prior impact assessments on personal information protection and record the processing. A record must be filed with relevant authorities for significant use or storage of face information.
• Original images cannot be saved except for anonymized face information. Annual assessments of the technology's impact on personal information protection are mandatory.
• Equipment in national catalogs for key network equipment and network security products must meet specified standards.
• Various departments, including cybersecurity and public security, will supervise and inspect the technology's use.

Proposals for Application of Facial Recognition Technology

It must be noted that these proposed measures are only a summarized and translated version of the original. You can check out the full proposal here.

China's proposed measures aim to establish clear boundaries for the application of facial recognition technology, ensuring its responsible usage while protecting individual rights and privacy.

This draft is now open for public feedback and comments. The Chinese public can provide input for these proposed measures until September 7.