Is face recognition access control legal in the community?

At present, some urban communities have installed face recognition access control systems. Owners, tenants and other personnel need to brush their ID cards and face recognition before they can enter. In this regard, some people support and some people question that the dual information of face and ID card involves privacy, and they are worried that personal whereabouts and privacy will be leaked.

Is it reasonable to use face recognition access control system in residential property installation? Does the property have the right to collect faces and keep face information? Owners have two different views on this.

supporter

To prevent outsiders from entering and leaving the community at will, face recognition access control will effectively collect the specific information of outsiders. If an outsider comes in and out, every piece of information, including time, place and image, will be immediately transmitted to the management system of the community security department, which can improve the security of the community. Property is for the safety of all owners and serves all owners. The purpose is goodwill, not infringement.

In the process of brushing face, a lot of information such as name, gender, age and facial expression will be collected and stored. If this information is not properly kept, personal privacy will be leaked.

What is face recognition?

Face recognition is a biometric identification technology based on face feature information. A series of related technologies, usually called portrait recognition and face recognition, are used to collect images or video streams containing faces, automatically detect and track faces in images, and then recognize the detected faces.

The law provides that:

Article 44 of the Network Security Law: No individual or organization may steal or obtain personal information by other illegal means, or illegally sell or provide personal information to others.

What is personal information and whether the features extracted by face recognition technology belong to personal information?

The "citizen's personal information" stipulated in Article 53-1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning Handling Criminal Cases of Infringement on Citizens' Personal Information refers to all kinds of information recorded by electronic or other means that can identify the identity of a specific natural person or reflect the activities of a specific natural person alone or in combination with other information, including name, ID number, communication contact information, address, account password, property status, whereabouts and so on.

From this explanation, it is not difficult to understand that "other information can identify the identity of a specific natural person". As long as this information is used alone or in combination, as long as it can identify the identity of a natural person, it belongs to personal information. Personal information of citizens includes not only information directly related to personal identity such as name, gender and date of birth, but also other indirect information that can identify the identity of natural persons. Face data belongs to personal information, because it contains human characteristics and is recognizable.

Does the property have the right to collect and save face information?

The Network Security Law, implemented on 20 17, states: "Network operators should obtain the consent of the person who collects and uses personal information".

Article 990 of the Civil Code is the right to life, body, health, name, portrait, reputation, honor and privacy enjoyed by civil subjects.

Article 1032 of the Civil Code stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.

Article 1033 of the Civil Code: Unless otherwise stipulated by law or expressly agreed by the obligee, no organization or individual may commit the following acts:

(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping or revealing other people's private activities;

(4) Shooting or peeping at the private parts of others' bodies;

(5) handling other people's private information;

(6) Infringe upon the privacy of others in other ways.

Article 1034 of the Civil Code protects the personal information of natural persons according to law. Including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail, health information, whereabouts information, etc.

Therefore, there are clear legal requirements for the behavior of collecting personal information in the process of face recognition. It is suggested that Chinese enterprises, banks, residential properties and other departments should strictly abide by the law when collecting, using and saving personal information collected in the process of face recognition.

1. In the property service contract, it is clearly stipulated that access control should be upgraded. If there is no relevant agreement, the property shall solicit the opinions of the owners, and if the expenses are involved, it shall be publicized.

2. Access control by face recognition must be approved by more than half of the owners. When installing a face recognition access control system in a residential area, if the owner agrees to input and collect face information, the property can keep the owner information. If the owner doesn't want to use it, then the property can let the owner freely enter and leave the community through the password and access control key. It is illegal if the property forces the owner to use the face recognition access control system.