How to Say "No" to Arbitrary "Facial Brushing" by Prosecutors to Promote the Establishment of a Diversified and Co governance Pattern for Facial Information Protection

2023-04-13

What can be accomplished by "brushing your face"? Nowadays, there are more and more scenarios where facial information collection devices are installed in public places and business premises, such as checking in at gyms, using supermarket lockers, entering and exiting residential areas and buildings, and even taking a piece of toilet paper when going to public restrooms. While these devices bring convenience, some uncomfortable and troubling scenarios also arise - some business service providers force consumers to "brush their faces", while some specialty stores and sales offices use facial recognition to accurately market according to the number of times consumers visit the store; Some supermarkets use facial recognition to label individuals suspected of theft or malicious claims in response to situations such as theft or malicious claims. Facial information is sensitive personal information, and once leaked or illegally used, it may lead to infringement of citizens' dignity or harm to their personal and property rights. How to address the abuse of facial information collection devices? Personal information protection is a legal field for handling public interest litigation in procuratorial work. A reporter from the Rule of Law Daily interviewed the head of the Eighth Procuratorate of the Supreme People's Procuratorate and frontline prosecutors who have handled such cases. The frequent occurrence of chaos urgently needs to be addressed. "A certain gym uses an information management system with facial recognition, fingerprint recognition, and other functions, forcing members to" brush their faces "or enter their fingerprints In June 2022, a consumer brought an unpleasant experience to the Fourth Procuratorate Department of the People's Procuratorate of Xinwu District, Wuxi City, Jiangsu Province. The consumer reported that on the front-end platform interface of the gym, only the collected personal identity information can be seen, without being informed of the personal information collection list and permissions. After some members explicitly refused to collect and recognize faces, the gym entered the photos provided by members during card application into the system as "face brushing" entry and exit vouchers without authorization. When members requested to delete photos and other information, they refused to delete them on the grounds of lack of management permission. Zhao Xiaorong, Director of the Fourth Procuratorial Department of the Xinwu District Procuratorate, told reporters that they immediately launched an investigation upon receiving the clues. During their visit, Zhao Xiaorong and colleagues found that facial recognition devices are used at the entrance of gyms, supermarket lockers, community and building access control, amusement park entrances, and even in public restrooms to provide toilet paper. The Xinwu District Prosecutor's Office has utilized big data to strengthen case handling. Through the public welfare damage risk prevention and control platform, it has investigated service places prone to illegal collection of personal information and found 16 clues to cases throughout the city, including 5 involving Xinwu District. Facial information image collection has the characteristics of long-distance, non-contact, and insensitivity. In addition to mandatory "facial brushing", some illegal behaviors of collecting facial information in business premises are more covert. At the end of 2022, the People's Procuratorate of Putuo District, Shanghai discovered that multiple supermarkets in their jurisdiction installed cameras and related equipment to collect consumer facial information at the entrances and exits of supermarkets in response to situations such as theft and malicious claims. Zhang Xiaoling, prosecutor of the Public Welfare Procuratorate of the Putuo District Procuratorate, said that the facial data processing equipment in the supermarket can clearly see the information of each consumer's entry and exit. The equipment will also conduct background data analysis and differentiate the consumer's age, gender, consumption frequency, etc. Some consumers have also been beaten by supermarket management personnel

Edit:Ying Ying    Responsible editor:Jia Jia

Source:legaldaily.com

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