ISSUING AUTHORITY:

Cyberspace Administration of China

DATE OF ISSUANCE:

August 8, 2023

On August 8, 2023, Cyberspace Administration of China (CAC) released the Regulations on the Safety Management of Facial Recognition Technology Application (Trial) (Consultation Paper) (the “Consultation Paper”) for public consultation.

The Consultation Paper proposes that facial recognition technology can only be used to process facial information for specific purposes and with sufficient necessity while strict protective measures are adopted.

The Consultation Paper requires that the installation of image capture and personal identity recognition devices in public places should be necessary for maintaining public safety, comply with relevant national regulations, and have prominent warning signs. Entities responsible for constructing, operating, and maintaining image capture and personal identity recognition devices in public places are obliged to keep personal images and identity information confidential. They must not illegally disclose or provide them to external parties. The collected personal images and identity information can only be used to maintain public safety and not for other purposes except individual consent.

Additionally, organizations that install image capture and personal identity recognition devices for internal management purposes should reasonably determine the image information collection area based on actual needs and implement strict protective measures to prevent unauthorized access, copying, disclosure, provision to external parties, and dissemination of personal images, and prevent the leakage, alteration, loss, or illegal acquisition and utilization of personal information.

According to the Consultation Paper, users of facial recognition technology processing facial information should conduct personal information protection impact assessments and record the processing activities.

Reference:

国家互联网信息办公室关于《人脸识别技术应用安全管理规定（试行）（征求意见稿）》公开征求意见的通知