Is it legal to force face recognition in the community?

It is illegal to force face recognition in a community. Personal information of natural persons is protected by law, and face information belongs to sensitive personal information. Face recognition input in residential areas should be voluntary and should not be compulsory for residents.

1. What is face information?

Face information belongs to the biometric information stipulated in Article 1034 of the Civil Code, which refers to all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information. The uniqueness, stability and availability of face information make face recognition technology widely used in real life, and the application of face recognition in community access control system is closely related to our lives.

2. Is it necessary for the property owner to agree to install the face recognition access control system facilities?

Need. The installation of face recognition access control system may involve fund raising, use, reconstruction or reconstruction of buildings and their ancillary facilities, etc. These things need to be decided by the owner. According to the provisions of Article 278 of the Civil Code, the exclusive part accounts for more than two-thirds of the area and the number of owners accounts for more than two-thirds. According to the specific voting matters, at least more than half of the owners and more than half of the voters in the exclusive area shall participate in the voting. For some special matters, it should be approved by the owners with an exclusive area of more than 3/4 and more than 3/4 voters.

3. What are the procedures for entering the face information of the owners or residents of the community?

Face information is biometric information and belongs to sensitive personal information. According to Articles 13 and 29 of the Law on the Protection of Personal Information, it shall be approved by the individual or his guardian alone. Moreover, it should be noted that the information collected should be within the minimum range to achieve the processing purpose, and should not be over-collected. Therefore, owners or residents should not be required to grant face information processing rights that are unrestricted, irrevocable and arbitrarily entrusted. Even so, it is a standard clause, which can be confirmed to be invalid.

At the same time, according to the provisions of Articles 17 and 30 of the Personal Information Protection Law, before processing (collection, storage, use, processing, transmission, provision and disclosure, etc.), the property should inform individuals truly, accurately and completely in an obvious way and in clear and understandable language:

1. Name and contact information of the property;

2. The purpose and method of personal information processing, the type of personal information processed and the retention period;

3. Ways and procedures for individuals to exercise their rights (such as the right to know and the right to decide). ) stipulated in the personal information protection law;

4. The necessity of handling sensitive personal information and its influence on personal rights and interests;

5. Other matters that shall be notified as stipulated by laws and administrative regulations;

legal ground

Article 1034 of the Civil Code of People's Republic of China (PRC) * * * Personal information of natural persons is protected by law. Personal information is all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, health information, whereabouts information, etc. The privacy information in personal information shall be subject to the provisions on privacy; If there are no provisions, the provisions on the protection of personal information shall apply.

Article 17 of the Law on the Protection of Personal Information, before handling personal information, a personal information processor shall inform the individual of the following matters in a conspicuous way and in clear and understandable language:

(a) the name and contact information of the personal information processor;

(2) The purpose and method of personal information processing, the types of personal information processed and the storage period;

(3) Ways and procedures for individuals to exercise the rights stipulated in this Law;

(4) Other matters that should be notified according to laws and administrative regulations.

Where the matters specified in the preceding paragraph are changed, the individual shall be informed of the changed part.

Article 30 of the Law on the Protection of Personal Information When dealing with personal sensitive information, the personal information processor shall inform the individual of the necessity of handling personal sensitive information and the impact on personal rights and interests in addition to the matters specified in the first paragraph of Article 17 of this Law; Except in accordance with the provisions of this law, it is not necessary to notify individuals.