Cyberspace Administration Publishes Draft Policy on Facial Recognition - I.e., Provisions on the Application Security Management of Face Recognition Technology (for Trial Implementation)
Summary
On August 8, 2023, the Cyberspace Administration of China (CAC) published the draft Provisions on the Application Security Management of Face Recognition Technology (for Trial Implementation), available here in Chinese, to solicit public opinions by September 7. The draft stipulates that facial recognition technology can only be used to process face information when there is a specific purpose and sufficient necessity and with strict protection measures. If there are other non-biometric identification solutions that can achieve the same purpose or meet the same business requirements, such non-biometric identification technology solutions should be used first. Meanwhile, the draft clarifies that the use of face recognition technology to process face information is subject to individual users' separate consent. It also stresses that those who use face recognition technology in public areas, or store face information of more than 10,000 individuals, must complete record-filing with the cyberspace authority.
