China says facial recognition should not be forced on individuals
China is at the forefront of facial recognition technology, which is deployed by all levels of its public security apparatus to track down criminals, as well as monitor dissenters, petitioners and ethnic minorities. The new rules do not mention security authorities' use of facial recognition technology.
The Cyberspace Administration of China (CAC) said the regulations were published in response to growing concerns within society about the risks the widespread use of facial recognition technology posed to data privacy.
"Individuals who do not agree to identity verification through facial information should be provided with other reasonable and convenient options," CAC said on its website.
It specified that the regulations were aimed at curbing increasingly common practices such as using facial recognition technology for hotel check-ins or to enter a gated community.
The regulations, approved by China's Ministry of Public Security and due to take effect in June, emphasise the need for companies collecting data from facial recognition cameras to ensure they only process an individual's facial data after obtaining their consent.
The regulations did not specify how this would apply in public spaces but noted that signs should be on display wherever facial recognition technology is deployed, a practice already widespread in Chinese cities.
Home-grown companies like Sensetime and Megvii invest tens of millions of dollars every year researching and developing the latest AI-driven visual imaging technologies that are fuelling increasingly sophisticated facial recognition software.
The spread of facial recognition technology into everyday life in China has led to an increase in societal anxiety about privacy in recent years.
A survey conducted in 2021 by a think tank affiliated with state-run media outlet The Beijing News found that 75% of respondents were concerned about facial recognition and 87% opposed the use of the technology in public places of business.
In July 2021, China's Supreme Court banned use of the technology to verify identities in public places like shopping malls and hotels, and allowed for residents to request alternative methods of verification to enter their neighbourhood.
In November that year, the Personal Information Protection Law took effect, mandating user consent for the collection of facial data and imposing heavy fines on non-compliant companies.
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