Recently, the topic of "face recognition must wear clothes" has aroused hot debate. The incident came after a blogger said people must wear clothes when using the APP's facial recognition function because 'the camera doesn't just pick up part of the face'. This is confirmed by industry experts.
In people's eyes, face recognition is of course face recognition. But in fact, the face recognition image shows the face, but the background can see the picture is not limited to the face. Such face recognition acquisition of images, it is true that "do not count" suspicion. Further, such face recognition APP in the law is also suspected of overstepping their authority or infringement.
Face recognition applications need to be supported by citizen portraits, so portrait rights are the most likely to be infringed during face recognition. Face recognition can only collect the image information of the face provided by citizens. Once the collection scope is expanded, the information of the images around the face, the environment of the citizens and the behavior they are engaged in will be collected, which will violate the privacy that citizens do not want to be exposed. In addition, if the information is improperly used by the image collector, resulting in lower evaluation of civil society, it may also infringe on the right of reputation of citizens. Beyond the scope of face recognition, not only infringe on the personality rights of citizens, but also directly infringe on citizens' right to know their personal information. When using the APP's face recognition function, citizens agree to provide their facial information as personal biometric information to the information processor. At the same time, citizens should also have the right to know about the information they provide, including the purpose of information use and the scope of information provided.
The reason why the above topic has aroused hot discussion is that most APP users think that only facial information is provided when they use face recognition function, which is also based on the basic cognition of the concept of "face recognition", which can be said to be common sense. However, the industry's perception of face recognition is different, arguing that "it is common sense for cameras to capture all images" and that "users should be aware of risks", which is not acceptable.
In 2019, four national departments jointly issued the Identification Method for APP's Illegal Collection and use of Personal Information, in which article 3 clearly lists the cases that are identified as "collecting and using personal information without the consent of users". "The actual collection of personal information or the opening of the collection of personal information beyond the scope of user authorization" constitutes a violation. However, the face recognition APP goes beyond the scope of collecting citizens' image information, which is obviously beyond the scope of information that citizens can recognize and provide, let alone in line with the principle of "voluntary consent". And for such illegal collection of personal information network operators, network products or service providers, according to the provisions of the "Network Security Law", the competent department is ordered to correct the premise, and according to the seriousness of the case, may be punished by warning, confiscation of illegal income, business suspension for rectification, revocation of business license and other penalties.
In addition, if the social harm of the violation of citizens' personal information is greater, this kind of behavior does not exclude the possibility of criminal law. Article 253 of China's Criminal Law stipulates the crime of infringing upon citizens' personal information, that is, "whoever, in violation of the relevant provisions of the State, sells or provides citizens' personal information to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined." The subject scope of this crime covers all kinds of APP, network platform and other related information collection, processing.
In fact, after this incident was exposed, people are more worried about the risk of information rights and interests in the era of big data and artificial intelligence. Such risks obviously cannot be solved only by the risk awareness of users, but should rely on the industry norms and professional ethics of information processors, the support of personal information desensitization, encryption, anonymity and other technologies, as well as the multi-dimensional supervision of public authorities and society.
The European Commission on Data Protection (EDPB) and the European Data Protection Supervision Authority (EDPS) issued a joint opinion on the DRAFT EU regulation on ARTIFICIAL intelligence (AI) published in April this year, further calling for a ban on the use of AI in public places to automatically identify personal biometric characteristics, including face recognition. With the increasing awareness of personal biometric information protection, biometric information recognition technology such as face recognition must strengthen the standard and security regulation. Information processors must respect every user, Revere laws and rights, and prudently use their technical capabilities. This is the basic concept that relevant enterprises need to set up to avoid information risks, safeguard users' interests and promote their long-term development.
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