Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving the Use of Facial Recognition Technologies to Process Personal Information (最高人民法院关于审理使用人脸识别技术处理个人信息相关民事案件适用法律若干问题的规定) were promulgated on 27 July 2021, and entered into force on 1 Aug. 2021.
There are 16 articles in total. The Provisions aim to correctly hear civil cases involving the use of facial recognition technologies to process personal information, protect the legitimate rights and interests of the parties concerned, and promote the healthy development of the digital economy.
The key points are as follows:
The Provisions shall apply to civil cases arising from information processors’ violation of laws and administrative regulations or the agreement reached by both parties to process facial information through facial recognition technologies or process facial information generated by facial recognition technologies.
Where an information processor uses facial recognition technologies to verify, recognize or analyze faces in such business places or public places as hotels, shopping malls, banks, stations, airports, stadiums and gymnasiums or entertainment venues in violation of laws and administrative regulations, the people’s court shall deem it as an act infringing upon the personality rights and interests of natural persons.
Where a property management service enterprise or any other building manager uses facial recognition as the only method of verification for property owners or users to enter or leave the property management service area, and property owners or users who disagree with the method request it to provide other reasonable methods of verification, the people’s court shall uphold such a request in accordance with law.
Cover Photo by Eric Prouzet (https://unsplash.com/@eprouzet) on Unsplash
Contributors: CJO Staff Contributors Team