China to Restrict Civilian Use of Facial Recognition Technology... "Consent Required"
China Cyberspace Administration Releases Draft Regulations
"Purpose and Necessity Required for Use of Facial Recognition Technology"
Government-Led Usage Increasing... Private Use Restricted
The Chinese government announced plans to restrict the private use of facial recognition technology, which has been widely utilized domestically, drawing attention to the background of this move. China is currently the country where facial recognition technology is most extensively used worldwide under government leadership, but as controversies over indiscriminate use in the private sector have grown, authorities are interpreted to have stepped in to directly regulate it.
On the 8th, the Cyberspace Administration of China released a draft of the "Safety Management Regulations for the Application of Facial Recognition Technology." The draft primarily states that private entities such as companies must have a specific purpose and sufficient necessity to use facial recognition technology, and it can only be used if strict protective measures are implemented. It also stipulates that if there are non-biometric authentication methods that can be used instead of facial recognition technology to achieve the same purpose, those should be prioritized.
If facial recognition technology is to be used, the individual's consent must be obtained or a written consent procedure must be followed. Additionally, it is recommended to prioritize government systems such as the national online identity authentication public service when verifying an individual's identity through facial recognition technology.
Furthermore, the draft prohibits the installation of facial recognition technology or video collection devices in places where there is a risk of infringing on others' privacy, such as hotel rooms, public restrooms, changing rooms, and toilets. It also specifies that, except in cases legally required, the use of facial recognition technology to verify individuals' identities is banned in public places such as hotels, banks, stations, airports, stadiums, exhibition halls, museums, art galleries, and libraries. The draft will be officially announced after collecting public opinions from the day of release until July 7.
Although China is the country where facial recognition technology is most widely used globally under government leadership, it is now restricting private use. According to CNBC, some apartment buildings in China have tenant facial recognition devices installed, allowing access without entering a password or separately receiving an access card. It is also reported that at train stations, users who have linked their tickets and ID cards can enter the station and platform using facial recognition technology.
Controversies have continued as indiscriminate use has spread from the government to the private sector. In 2017, facial recognition machines were installed in public restrooms in Beijing to prevent frequent theft of toilet paper, which attracted attention.
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The Global Times, affiliated with the Chinese Communist Party's official newspaper People's Daily, explained, "Facial recognition technology provides convenience and efficiency, but concerns have been raised about misuse and personal information infringement," adding, "This is the first time China is attempting to establish comprehensive guidelines at the national level regarding the use of this technology."
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