Cyberspace Administration of China, Provisions for the Administration of the Security in the Application of Facial Recognition Technology (Trial Implementation) (Draft for Comments)

国家互联网信息办公室人脸识别技术应用安全管理规定 (试行) (征求意见稿)

August 15, 2023 | BY

Susan Mok

Facial recognition may not be carried out if other non-biometric identification technology solutions are available

Issued: August 8, 2023

Main contents:       Facial recognition technology may be used to process facial information only for a specific purpose, if there is sufficient necessity and where strict protection measures are taken. Where other non-biometric identification technology solutions that enable the achievement of the same purpose or the satisfaction of equivalent business needs exist, such a non-biometric identification technology solution shall be selected on a priority basis (Article 4).

To process facial information using facial recognition technology, the separate consent of the individuals shall be secured or, according to law, written consent secured, unless a law or a set of administrative regulations specifies that the securing of such consent is not necessary (Article 5).

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]