China Consumers Association speaks out: Residential properties cannot force owners’ face recognition
Excessive claims for mobile apps, some residential properties use face recognition as the only verification method for owners to enter and exit, consumers are “killed” when shopping on the platform…In response to the abuse of consumers’ personal information, the China Consumers Association issued a consumer reminder on the 28th that China’s Personal Information Protection Law is about to be implemented. Measures to ensure the safety of consumers’ personal information.
Mobile apps must not claim excessive rights
In February 2019, a large-scale data breach occurred in a facial recognition company. 6.8 million pieces of personal information including personal name, ID number, gender, home address, and photos were leaked.
Sensitive personal information includes biometrics, religious beliefs, specific identities, medical and health, financial accounts, whereabouts and other information. Once leaked or illegally used, it can easily lead to infringement of personal dignity or personal and property safety.
The China Consumers Association stated that the collection and use of personal information by operators should have a clear and reasonable purpose, and should be limited to the least impact on personal rights and the smallest scope to achieve the purpose of processing, and must not excessively collect consumer personal information. Except for the personal information necessary to provide products or services, business operators must not refuse to provide products or services on the grounds that consumers do not agree to process their personal information or withdraw their consent. For example, mobile apps must not provide non-essential personal information because users do not agree. And deny users to use its basic functions.
Cannot force owners or consumers to perform face recognition
Face recognition, as a kind of sensitive personal information, can easily cause great harm to the personal and property safety of individuals once it is leaked, and it may even threaten public safety.
Some residential properties and business premises use face recognition as the only verification method for owners to enter and exit. In this regard, the China Consumers Association stated that residential properties and business premises cannot force owners or consumers to perform face recognition, and should provide other alternative verification methods for owners or consumers to choose.
In early 2021, incidents of illegal collection of facial information in some well-known brand stores were exposed by the media, causing public suspicion. Merchants install facial recognition cameras without clear notification and without the consent of consumers, and collect massive amounts of consumer facial information.
The China Consumers Association stated that when operators collect personal information from consumers, they should ensure that consumers are informed and obtain the consent of the consumers, provided that they are fully informed in advance. Operators may not use package authorization, mandatory consent, etc. to process consumer personal information; without consumer consent, they may not push commercial information to consumers.
Platform operators cannot use consumers’ personal information to “kill familiarity”
Some platform operators use their own information on consumers’ economic status, consumption habits, and price sensitivity to discriminate against consumers in terms of transaction prices, and pass users without authorization from consumers. Portrait to carry out precision marketing.
The China Consumers Association stated that, for commercial purposes, operators cannot impose unreasonable differential treatment on individuals in terms of transaction prices and other transaction conditions, such as “killing familiarity” and other behaviors. The platform should also assume the responsibility of the “gatekeeper” for consumer personal information protection, such as establishing a sound personal information protection compliance system, regularly publishing social responsibility reports on personal information protection, and accepting social supervision.
During the collaboration, China Consumers reminds consumers to develop a good habit of “not providing personal information”, and it is recommended to provide personal information or authorize operators only when it is absolutely necessary. Pay attention to protect the receipts and materials with personal information, and prevent the leakage of personal information due to random discarding, improper use, etc.