China Bans Forced Facial Recognition for Identity Verification

The rules aim to curb increasingly common practices such as requiring facial recognition for hotel check-ins or access to gated communities.

Beijing: China’s cyberspace regulator has introduced new regulations governing the use of facial recognition technology, stating that individuals should not be compelled to verify their identity using such technology.

As a global leader in facial recognition technology, China deploys these systems at all levels of its public security apparatus for tracking criminals, monitoring dissenters, petitioners, and ethnic minorities. However, the new regulations do not specifically address law enforcement’s use of this technology.

The Cyberspace Administration of China (CAC) stated that the regulations were issued in response to growing societal concerns about data privacy risks posed by the widespread use of facial recognition.

“Individuals who do not agree to identity verification through facial information should be provided with other reasonable and convenient options,” CAC stated on its website.

The rules aim to curb increasingly common practices such as requiring facial recognition for hotel check-ins or access to gated communities.

Approved by China’s Ministry of Public Security, the regulations are set to take effect in June. Companies collecting facial recognition data must now ensure they obtain explicit consent before processing an individual’s biometric information.

While the regulations do not specify how these requirements apply to public spaces, they mandate that clear signage must be displayed wherever facial recognition technology is used—a practice already widespread in Chinese cities.

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China’s homegrown companies, including Sensetime and Megvii, invest heavily in AI-driven visual imaging technologies, fueling advancements in facial recognition software. However, the increasing integration of this technology into daily life has led to heightened concerns over privacy.

A 2021 survey conducted by a think tank affiliated with state-run media outlet The Beijing News found that 75% of respondents were worried about facial recognition, and 87% opposed its use in public commercial spaces.

In July 2021, China’s Supreme Court banned the mandatory use of facial recognition for identity verification in public places such as shopping malls and hotels. Additionally, it ruled that residents should have the option to use alternative verification methods for access to their residential communities.

Further strengthening privacy protections, China’s Personal Information Protection Law, which came into effect in November 2021, mandates user consent for collecting facial data and imposes heavy penalties on non-compliant companies.

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