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Who's in charge of your face? Personal Information Protection Act to answer

Who's in charge of your face? Personal Information Protection Act to answer

Small 4 found

Lately many of us have been living

Has entered the "era of brushing faces"

Brush your face at work

Go back to the residential area to brush your face

Unlock your phone to brush your face

……

If you don't pay attention

Entering a playground may also be lost

Facial feature information

Who's in charge of your face? Personal Information Protection Act to answer

As a kind of sensitive personal information, face recognition can easily cause great harm to the personal and property safety of individuals once it is leaked, and may even threaten public safety.

Some residential properties and business premises use face recognition as the only verification method for owners to enter and exit. In this regard, the China Consumer Association said that residential properties and business premises cannot force owners or consumers to carry out face recognition, and other alternative verification methods should be provided for owners or consumers to choose independently.

Early 2021

Some well-known brand stores, etc

Illegal collection of face information incidents

Exposed by the media

Raise public questions

The merchant did not explicitly inform

Without the consent of the consumer

Install a face recognition camera

Massive collection of consumer face information

Typical cases

On April 27, 2019, Guo Bing and his wife purchased a double annual pass from Wildlife World, and retained relevant personal identity information, took photos and entered fingerprints. After that, Wild Animal World sent a text message to the annual pass consumers, including Guo Bing, saying that the way of entering the park would be changed from fingerprint recognition to face recognition, and requiring customers to activate their faces, which triggered a dispute in this case.

Who's in charge of your face? Personal Information Protection Act to answer

On November 20, 2020, the Fuyang court rendered a first-instance judgment, ordering Wildlife World to compensate Guo Bing for the loss of contract benefits and transportation expenses totaling 1,038 yuan, and deleting the facial feature information, including photos, submitted by Guo Bing when applying for a fingerprint annual card. On the basis of the original judgment, the Hangzhou Intermediate People's Court added a judgment to Wildlife World to delete the fingerprint identification information submitted by Guo Bing when he applied for a fingerprint annual card.

China Consumer Association said

Operators collect consumers' personal information

This should be provided with full prior notice

Keep consumers informed

And obtain the consent of the consumer himself

Operators shall not take it

Package authorization, compulsory consent, etc

Handling of Consumer Personal Information

Without the consent of the consumer

Commercial information may not be pushed to consumers

On November 1, 2021, the Personal Information Protection Law was officially implemented, which is a special law to protect citizens' personal information, which is jointly woven into a "protection net" for consumers' personal information together with the Civil Code, the Cybersecurity Law, the Data Security Law, the E-commerce Law, and the Consumer Rights and Interests Protection Law.

Who's in charge of your face? Personal Information Protection Act to answer

The Personal Information Protection Law strictly restricts the handling of sensitive personal information.

Sensitive personal information is personal information that, once leaked or illegally used, is likely to lead to the infringement of the personal dignity of natural persons or the endangerment of personal and property safety, including biometrics, religious beliefs, specific identities, medical and health, financial accounts, whereabouts and other information, as well as the personal information of minors under the age of 14.

The law sets out special processing rules for it, that is, the second paragraph of Article 28 stipulates that "personal information processors may only process sensitive personal information if they have a specific purpose and sufficient necessity, and strict protective measures are taken." ”

Little 4 believes

With the implementation of the Personal Information Protection Act

We can really do it

"My face is my master"

(Content source: Xinhua News Agency, People's Court Daily, China Consumers Association)

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