Security Understanding and Thinking Behind Face Recognition
Security Understanding and Thinking Behind Face Recognition
In recent years, “face” has become a fashionable and popular authentication method. With the popularization of “face recognition” technology, face registration, face payment, and face service have been successfully implemented, and it has been linked to the Internet and high-tech technologies. The simultaneous development of other industries has penetrated into all aspects of residents' public safety, capital safety, and personal account safety. However, data shows that nearly half of businesses have not obtained user consent when using the face recognition function. In the current large-scale use of "big data", personal information leakage may cause more problems.
On April 27, 2019, the Guo Bing family bought a two-person annual card when they went to Hangzhou Safari Park to play. Shortly afterwards, the zoo, without consulting with Guo Bing and without obtaining his consent, required annual card users to register for face recognition. If they did not register, they would not be able to enter the park or go through the procedures for refunding the card. Guo Bing (hereinafter referred to as the "plaintiff") used Hangzhou Wildlife World Co., Ltd. (hereinafter referred to as the "defendant") to compulsorily collect face recognition information in disguise and infringe on the legitimate rights and interests of users, in accordance with the "Cyber Security Law" and the "Consumer Rights Protection Law" ”And other relevant laws and regulations to initiate litigation.
This case was the first to respond to the controversial legality issues related to face recognition technology in the judgment. There is no precedent in China, so it is hailed as China's "first face recognition case". The court ruled that "based on the fact that annual card users can enter the park for unlimited times within the validity period, the defendant uses fingerprint recognition, face recognition and other biometric data recognition technologies to identify the identity of annual card users and improve the efficiency of entering the park for annual card users. The behavior itself meets the requirements of the three principles of “lawfulness, fairness, and necessity” stipulated by the law.” However, the court obviously avoided certain issues. For example, it did not discuss the zoo’s collection of the defendant’s photo information and did not inform the behavior that would be used for facial recognition. Does it constitute an infringement, and the judgment did not discuss in depth the scope of the legitimacy and necessity of the defendant's collection of facial information, which makes people unable to help asking, how is the legitimacy and necessity of "optimizing user product experience" reflected? Can such reasons constitute exemptions for the collection and processing of facial recognition information by the information collection, processor? How to determine the "knowledge" scope of natural persons on matters related to face recognition information? The plaintiff Guo Bing was not satisfied with the result of this judgment and has now appealed. At 3 pm on April 9, the "first case of face recognition" ushered in the second instance verdict at the Hangzhou Intermediate People's Court. Judging from the verdict, the first instance’s determination of Guo Bing’s contractual loss of interest and the determination of the amount of compensation were maintained; Hangzhou Wildlife World was required to delete the facial photos that it had taken; at the same time, an additional sentence was required to require Wildlife World. The fingerprint identification information of Guo Bing collected at the time was deleted; Guo Bing's other claims were rejected.
Face recognition is unstoppable. How to make this technology develop in a long and stable manner in the Internet era? It is necessary to prevent risks, regulate safety supervision, and maintain a sober attitude. Only in this way can we better promote the "face recognition" technology to improve management efficiency and enhance the interactive experience. Only in this way can the industry develop more standardized, so that science and technology can serve the people and the society with warmth.
