A decision has been made in China's first lawsuit related to facial recognition technology and personal privacy. A university lecturer filed the lawsuit against Hangzhou Safari Park, accusing it of illegally collecting the facial data of customers without asking for permission. CGTN's Wu Lei has the details.
After months of waiting, the Hangzhou Intermediate People's Court ruled in a closely watched legal battle Friday afternoon, ordering the defendant Hangzhou Safari Park to delete the plaintiff Guo Bing's facial data and give him monetary compensation.
GUO BING Plaintiff "The park collected my facial data without letting me know. This is one of the key disputes. They took my personal facial data through deceptive means."
The Court dismissed other charges put forward by Guo Bing. This included the Safari Park informing Guo about the change via a short message — a practice he believes is invalid. After hearing the verdict, Guo Bing said he was very disappointed.
GUO BING Plaintiff "This verdict now takes effect, but I will apply for a retrial and other legal actions, which might be very difficult."
This case started in April 2019 when Guo Bing bought an annual pass to Hangzhou Safari Park, with his fingerprints and photo taken for admission. Six months later, the park notified him that the old entry system had been replaced, with the new one using facial recognition technology. Guo Bing became concerned the change could be exploited to "steal" his identity, and he asked for a refund. The park refused. So Guo took the park to court in late 2019.
MA CE Plaintiff's Lawyer "Regarding this case, we've used contract law, consumer rights protection law, cyber security law and other related national standard and personal information regulations."
As an associate law professor at Zhejiang Sci-Tech University, Guo Bing is alert to controversial issues like this. But many people may not be as aware about how their data is collected, used, stored and transferred.
WU LEI Shanghai "This toilet paper machine also uses facial recognition technology to prevent waste. But in the digital age, more and more people are concerned about their privacy. So there's a message here saying it will NOT store any of the data it gathers."
In October 2020, China published a draft law on personal information protection. It clearly requires the information processor to obtain separate consent when it comes to processing personal information that may lead to the abuse of facial data, resulting in personal privacy violations. The law is still in the final review process of the National People's Congress.
GAO FUPING Professor East China University of Political Science and Law "The current laws are basically about major principles, but who, how and when to take your personal facial identity remains unclear. The specific scenarios need further clarification, which is not easy."
With the rapid growth of big data and artificial intelligence in China, people are expected to welcome new regulations that better protect their personal data and privacy. Supporters say the law could strike a blow to those who've illegally collected and shared personal information, for profit. Wu Lei, CGTN, Hangzhou, Zhejiang Province.