1.Background
Facial recognition technology has been developed and used for many years. However, with the increasing maturity and widespread use of generative AI technologies in recent years, facial recognition technology is increasingly incorporating generative AI techniques (AI and the LinkedIn community, 2023). Therefore, facial recognition is one of the application areas of generative AI.
But it is precisely with the maturation and widespread use of facial recognition technology, especially as generative AI further enhances the accuracy of facial recognition, that people are becoming increasingly concerned about the infringement and challenges to personal privacy posed by facial recognition technology.
This blog and a subsequent blog review the recent controversies, protection measures, legislation, and legal implementations concerning facial recognition technology in China. It explores the challenges to personal privacy posed by generative AI and facial recognition technology, as well as how governments and society should regulate facial recognition technology.
2.Content
In China, with the development and maturation of facial recognition technology, an increasing number of institutions and individuals are using facial recognition technology in public settings for various purposes. However, concerns among the general public about the invasion of personal privacy by facial recognition technology have been growing as the widespread application of this technology continues to increase. Especially, the final judgment in the case where Guo Bing filed a lawsuit against Hangzhou Wildlife World Co., Ltd. over facial recognition disputes, this final ruling is expected to push the controversies surrounding facial recognition to a climax.
In April 2021, the final judgment of the Hangzhou Intermediate People’s Court in Zhejiang Province ((2020) Zhe 01 Min Zhong 10940) held that: “Regarding the facial recognition information collected by Hangzhou Wild Animal World from Guo Bing and his wife, Hangzhou Wild Animal World argued that it was for the preparation of future entry into the park using facial recognition. The first-instance court considered that the service contract signed by the contracting parties when applying for the annual card was for entry into the park using fingerprint recognition. Hangzhou Wild Animal World’s collection of Guo Bing and his wife’s facial recognition information exceeded the requirements of necessity and lacked legitimacy. Although Hangzhou Wild Animal World specified in the ‘annual card application process’ related to fingerprint recognition that the process included ‘taking photos at the annual card center,’ it did not inform Guo Bing and his wife that taking photos would constitute the collection of their facial recognition information and its purpose. Guo Bing and his wife’s agreement to take photos should not be regarded as consent for Hangzhou Wild Animal World to collect their facial recognition information through photography. Therefore, Guo Bing’s request for Hangzhou Wild Animal World to delete his personal facial recognition information is reasonable and should be supported.”
At that time, although China had not yet enacted explicit laws and regulations regarding whether facial feature information was considered personal privacy, the Hangzhou Intermediate People’s Court in Zhejiang Province determined from the perspective of contract law and necessity that Hangzhou Wild Animal World Co., Ltd. lacked contractual support for collecting Guo Bing and his wife’s facial recognition information and that such collection was not necessary. This ruling marked the first time that facial features were recognized as part of an individual’s privacy and protected under Chinese law.
In July 2021, at the suggestion of Guo Bing himself and under the influence of the Guo Bing case, Hangzhou City in Zhejiang Province, China, passed a revised “Hangzhou Property Management Regulations.” Article 50 of the regulation stipulates: “Property service personnel shall not compel owners or non-owners to enter the property management area or use common areas through the provision of biometric information such as facial recognition or fingerprints, shall not disclose the personal information of owners or non-owners obtained during property services, shall not compel owners or non-owners to purchase goods or services provided or designated by them, and shall not infringe upon the personal and property rights of owners or non-owners.” This regulation marks the first time that, from a legal perspective, facial feature information is explicitly recognized as a part of an individual’s biometric information.
In my second blog post, I will provide a detailed explanation of the subsequent legislative developments in China regarding the use of facial recognition technology in public places, as well as the implementation of measures to protect facial feature information.
Sources:
1. Hangzhou Intermediate People’s Court in Zhejiang Province, “Judgment of the Second Instance in the Civil Dispute between Guo Bing and Hangzhou Wild Animal World Co., Ltd.” （2020） Zhe 01 Min Zhong 10940（(2020) 浙01民终10940号). Available at: China Judgments Online.
2. Hangzhou Municipal Rental Housing Security and Real Estate Management Bureau, “Hangzhou Property Management Regulations”. Available at: http://fgj.hangzhou.gov.cn/art/2021/9/13/art_1229265384_1797924.html
3. People’s Daily Online, “People’s Daily Commentary: Extraordinary Significance of the Final Ruling on the ‘First Facial Recognition Case'”. Available at: http://opinion.people.com.cn/n1/2021/0410/c223228-32074599.html.
4.Powered by AI and the LinkedIn community（2023）. How can you use generative AI to improve facial recognition accuracy? From LinkedIn.com: https://www.linkedin.com/advice/3/how-can-you-use-generative-ai-improve-facial
