On August 8, 2023, the Cyberspace Administration of China (CAC) drafted the Provisions on the Application Security Management of Face Recognition Technology (for Trial Implementation) (Draft for Comment) (the "Draft") to solicit public opinions by September 7, 2023.
The Draft stipulates that face recognition technology can be used to process face information only when there is a specific purpose and sufficient necessity, and strict protection measures are taken. If there are other non-biometric identification technology solutions that can achieve the same purpose or meet the same business requirements, such non-biometric identification technology solutions shall be used first. Meanwhile, the Draft clarifies that the use of face recognition technology to process face information shall be subject to the individual's separate consent or written consent in accordance with the law. It also stresses that users of face recognition technology who use face recognition technology in public places, or who store face information of more than 10,000 individuals, shall complete record-filing with the cyberspace authority at or above the municipal level within 30 working days.
(Source: Cyberspace Administration of China)
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