1. Main Legislative Framework
Generally, Chinese law is primarily categorized into three parts: laws, departmental regulations, and local regulations. Additionally, the Supreme People’s Court of the People’s Republic of China can issue interpretations for specific legal issues that arise during the application of the law. The following overview primarily focuses on legislation at the national level in China, including some departmental regulations, local regulations, and judicial interpretations.
| Serial Number | Issuing Level or Department | Name of the Law | Date | Main or Related Provisions |
| 1 | Shenzhen City | Shenzhen Special Economic Zone Data Regulations | Passed in June 2021, effective from January 2022 | Clause 2(4) defines: “Biometric data refers to personal data derived from the processing of a natural person’s biological characteristics, including genetic information, fingerprints, voiceprints, palmprints, ear shape, iris, facial recognition features, and other data that can uniquely identify a natural person.” |
| 2 | Supreme People’s Court of the People’s Republic of China | Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in Civil Cases Involving the Use of Facial Recognition Technology for Processing Personal Information | Passed in July 2021, effective from August 2021 | Article 10 stipulates: “If property service enterprises or other building managers use facial recognition as the sole verification method for owners or property users to enter property service areas, and owners or property users who disagree request them to provide other reasonable verification methods, the people’s court shall support it in accordance with the law.” |
| 3 | Standing Committee of the National People’s Congress | Personal Information Protection Law | Passed in August 2021, effective from November 2021 | Article 62 stipulates: “The Cyberspace Administration of China shall coordinate relevant departments to promote the following personal information protection work… (2) Formulate specific rules and standards for personal information protection, especially for small-scale personal information processors, sensitive personal information, facial recognition, artificial intelligence, and other new technologies and applications.” |
| 4 | Hangzhou City | Hangzhou Property Management Regulations | Passed in July 2021, effective from January 2022 | Article 50 stipulates: “Property service personnel may not force owners or non-owner users to enter the property management area or use common areas by providing biometric information such as facial recognition or fingerprints.” |
| 5 | Shanghai City | Shanghai Data Regulations | Passed in November 2021, effective from January 2022 | Article 31 stipulates: “Public places or areas referred to in the first paragraph of this Article may not use image collection or personal identity recognition technology as the sole method for entry or exit.” |
| 6 | State Internet Information Office | Regulations on the Secure Application of Facial Recognition Technology (Draft for Solicitation of Comments) | Draft released for public comments in August 2023 | In accordance with Article 62 of the “Personal Information Protection Law” and other legal authorizations, the State Internet Information Office drafted regulatory provisions on facial recognition, mainly restricting the implementation of facial recognition in public places for purposes other than public safety. |
2. Effective Control of Commercial Use of Facial Recognition in Public Places After the Implementation of Facial Recognition Laws and Regulations
Since the implementation of the aforementioned and other relevant laws and regulations concerning facial recognition, the misuse of facial recognition for commercial purposes in social public places has been effectively curbed.
For example, prior to the enactment of the aforementioned laws and regulations, a few public places’ access control systems only supported facial recognition for entry. However, after the passage and enforcement of the mentioned laws and regulations, access control systems in public places no longer exclusively rely on facial recognition. If facial recognition is used as a means of access, it must be complemented with alternative methods such as IC cards or keys.
Simultaneously, the mentioned laws and regulations classify facial information as a form of personal biometric data, falling within the scope of legal protection. Consequently, other laws and regulations related to safeguarding individual rights have begun to be applied to regulate the unlawful collection of non-consensual facial information by businesses for commercial purposes. For instance, in November 2021, the Market Supervision Administration of Xuhui District in Shanghai imposed a fine of 100,000 RMB on Shanghai Xiaopeng Automobile Sales and Service Co., Ltd. for unlawfully collecting facial information.
3. Conclusion
From the recent controversies, legislative developments, and judicial advancements in the past four years, it is evident that facial information is now widely acknowledged as a part of an individual’s biometric data and privacy. It has also gained legal protection. The misuse of facial recognition technology for commercial purposes in Chinese society has been notably curtailed.
Refference
1. Wu Huikang (2021), “Exploring Compliance Risks of Facial Recognition.” https://www.dehenglaw.com/CN/tansuocontent/0008/023125/7.aspx
2. Supreme People’s Court of the People’s Republic of China (2021), “Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in Civil Cases Involving the Use of Facial Recognition Technology for Processing Personal Information.”
3. Standing Committee of the Shenzhen Municipal People’s Congress (2021), “Shenzhen Special Economic Zone Data Regulations.”
4. Standing Committee of the National People’s Congress (2021), “Personal Information Protection Law.”
5. Standing Committee of the Hangzhou Municipal People’s Congress (2021), “Hangzhou Property Management Regulations.”
6. Standing Committee of the Shanghai Municipal People’s Congress (2021), “Shanghai Data Regulations.”
7. State Internet Information Office (2023), “Regulations on the Secure Application of Facial Recognition Technology (Draft for Solicitation of Comments).”
8. Market Supervision Administration of Xuhui District, Shanghai (2021), “Administrative Penalty Decision of the Market Supervision Administration of Xuhui District, Shanghai” (Shanghai Market Supervision Xuhui Penalty [2021] No. 042021000759).
