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机翻 · 通用领域 Key Interpretation of the New Regulations on the Application of Facial Recognition Technology

Update time：2025/3/28 15:34:37　Browse times：58

Recently, the State Internet Information Office and the Ministry of Public Security jointly released the Administrative Measures for the Security of the Application of Face Recognition Technology (hereinafter referred to as the Measures), which will come into force on June 1, 2025. The Measures provide relevant regulations on the basic requirements, processing rules, security standards, and supervision and management responsibilities for the application of facial recognition technology. The author summarizes the key points as follows:

1. It is stipulated that the face information shall be stored in the face recognition equipment, and shall not be transmitted externally through the Internet. The storage period shall not exceed the shortest time necessary for processing purposes, which means that the customer face data stored indefinitely in the shopping malls and enterprise data pools may usher in a wave of cleaning up.
2. If there are other non facial recognition technology methods to achieve the same purpose or meet the same business requirements, facial recognition technology shall not be used as the only verification method. We have responded to social concerns such as the "first facial recognition case" in Hangzhou, which refused to use facial recognition technology to enter the park, a property management company in a certain community forcing homeowners to use facial recognition technology as the only way to enter, a bank app forcing facial verification login, and a gym forcing members to use facial recognition to enter, and have reserved alternative paths such as passwords and fingerprints for citizens.
3. The issue of the infringement of facial information rights of vulnerable groups, such as an educational institution collecting micro facial expression data from students through cameras for learning effect analysis, a nanny using facial recognition technology to defraud the elderly, and regulations requiring the consent of guardians to handle facial information of minors under the age of 14, and compliance with barrier free environment construction regulations for handling facial information of disabled and elderly people.
4. It is explicitly prohibited to install equipment in private spaces such as hotel rooms and public bathrooms. For example, a certain chain hotel is not allowed to install facial recognition systems in guest rooms.
5. Establish a security assessment mechanism and require the registration of facial information storage for up to 100000 people.
6. The obligation to inform and safeguard the right to know should be fulfilled in a prominent manner. Article 5 of the Measures clearly stipulates that before applying facial recognition technology to process facial information, the name or contact information of the personal information processor, the processing purpose, processing method, storage period, and necessity of the facial information should be truthfully, accurately, and completely informed in a prominent and clear language.

7. The processing of facial information should have specific purposes and sufficient necessity, adopt methods that minimize the impact on individual rights, and implement strict protection measures.

Introduction to Lawyers

Lawyer He Ying
Phone: 19921540354
Email: heying@gcls.cn

During his legal practice, Lawyer He Ying provided legal advisory services to multiple units and handled numerous litigation and arbitration cases, including illegal absorption of public deposits, false issuance of value-added tax special invoices, fraud, sale of counterfeit registered trademark goods, illegal mining, divorce, private lending, personal and property damage, owner revocation, bills, franchising, property services and other contract disputes, labor disputes, etc.

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机翻 · 通用领域 Key Interpretation of the New Regulations on the Application of Facial Recognition Technology