Only when owners or property users voluntarily agree to use face recognition can the collection and use of face information have a legal basis.
Some properties force residents to enter face information, and face recognition is the only verification method for entering and leaving the community. This behavior violates the principle of "informed consent".
When the property uses the face recognition access control system to input face information, it shall obtain the consent of the owner or the property user. In case of disagreement, the property shall provide alternative verification methods, and shall not infringe upon the personality rights and other legitimate rights and interests of the owners or property users.
There are a large number of "face" applications, such as face-changing entertainment software and ghost videos, which all have infringement risks. While applying this technology, we should also be prepared to avoid infringement risks.
Article 110 of the Civil Law of People's Republic of China (PRC) stipulates that natural persons have the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Article 111 The personal information of natural persons shall be protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information.
Article 993 A civil subject may permit others to use his name, title and portrait, except as provided by law or according to his nature.
Article 999 The names, titles, portraits and personal information of civil subjects may be reasonably used in news reporting and public opinion supervision for public interests. If unreasonable use infringes on the personality rights of civil subjects, they shall bear civil liability according to law.
Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law.
Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.